1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION rpa WRIT PETITION NO. 189 OF 2010 Shree Ganesh Knitting & Manufacturing Mills. .. Petitioners. v/s. Vasant Ramchandra Shirke .. Respondent. .... Mr. H. Kumar Vaidyanathan for the Petitioners. Mr. S. N. Deshpande for the Respondent. .... CORAM : S. J. KATHAWALLA, J. DATE : FEBRUARY 24, 2010. P.C. By consent of the parties, following order is passed : :: O R D E R :: i. The impugned Award dated 12th June, 2009 passed by 5th Labour Court, Mumbai in Reference (IDA) No. 360 of 2003, is set aside only to the extent that the workmen is entitled to full back wages with effect from 2nd April, 2 1999. ii. It is clarified that the order in respect of reinstatement of Respondent No. 1, stands confirmed. iii. The 5th Labour Court, Mumbai shall within a period of eight weeks from the date of the receipt of this order answer the issue viz “whether the workmen was gainfully employed during the period of his absence from 2nd April, 1999 till the date of the impugned order” and thereby decide whether the workmen is entitled to any back wages. iv. All the contentions of the parties qua the aforstated issue are kept open. v. Parties shall be allowed to lead further examination/cross-examination, if they so desire. 3 vi. The writ petition is, accordingly, disposed of with no order as to costs. [ S. J. KATHAWALLA, J. ]