CWP No.85 of 2007. 25.08.2008 Present: Mr. Baldev Singh, Advocate for the petitioner. Mr. Vinod Gupta, Advocate for the respondent. In sequel to orders dated 1st August, 2008 and 21st August, 2008, Mr. Baldev Singh has placed on record the copy of communication dated 23rd August, 2008. The same is permitted to be taken on record. The text of letter dated 23rd August, 2008 read thus:- “Please refer to your office letter No.BS/104 dated 1- 8-08 and 21-8-08 on the subject citied above. In this context, it is intimated that the petitioner Board is willing to engage the respondent Sh. Raj Kumar as Beldar without back wages i.e. 25% as directed by the Hon’ble Labour Court. You are, therefore, requested to please make the above statement before the Hon’ble Court on 25-8-08 on which date the said case is listed and the outcome of the said date may also be conveyed to the undersigned.” It has been jointly stated by the learned counsel for the parties that the respondent/workman, in fact, has already been reinstated in the month of July, 2008. The petitioner is directed not to retrench the workman save and except in accordance with law. The period between July, 1994 till the date of his reinstatement shall be counted towards the seniority for all intents and purposes. Mr. Gupta has submitted that his client will not claim 25% back-wages as awarded by the Labour Court in view of his reinstatement and granting him the benefit of seniority w.e.f. 1994 till the date of his reinstatement. In view of the specific undertaking given by the petitioner as per letter dated 23rd August, 2008, the petition has become infructuous and the same is disposed of in view of the observations made hereinabove. (Rajiv Sharma), J. August 25, 2008 (sck).