:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1657 OF 2007 IN WRIT PETITION NO. 4478 OF 2006 Bharatiya Mazdoor Sangh ..Applicant Vs. M/s. City and Industrial Development Corporation (CIDCO) ..Respondent Mr. V.K. Pradhan for applicant. Mr. G.A. Karmalkar i/by G.S. Hegde for respondent. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. Date : February 27, 2008. Date : February 27, 2008. Date : February 27, 2008. P.C.: P.C.: P.C.: 1. Heard Mr. Pradhan the learned counsel for the applicant. This is an application filed under Section 17-B of the Industrial Disputes Act, 1947, pending Writ Petition No. 4478 of 2006. The said petition was admitted on 13/11/2006 and on the same day by way of interim relief the operation of the impugned award has been stayed subject to the petitioner-corporation depositing the amount of backwages within a period of :2: six weeks and the amount has been accordingly deposited. Admittedly, on account of the stay granted by this court, the applicant could not be reinstated and, therefore, he is entitled to apply for the benefits of Section 17-B of the I.D. Act. 2. Rule was granted in respect of prayers (a) and (b) on 27/11/2007 and it was made returnable after four weeks. However, on 13/2/2008 the learned counsel for the Corporation sought time to file reply within one week and no reply has been filed till today. 3. The applicant has stated that he is unemployed as of now and despite his efforts made he could not get alternative employment. At the time of his termination from service by the Corporation, he was drawing a monthly salary of Rs.3000/- and, therefore, he has prayed for an amount of Rs.1500/- to be paid to him every month as per Section 17-B of the I.D. Act. A separate affidavit has been filed in support of the application. It is clear that the applicant was terminated from service as a Clerk-cum-typist with effect from 1/7/1997 and as per the award passed by :3: the Labour Court on 31/12/2004 he was directed to be reinstated with 50% backwages and continuity of service from 1/7/1997. 4. Hence, the application is partly allowed and Rule is made absolute in terms of prayer clause (a). (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)