vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3060 OF 2007 CIVIL APPLICATION NO.3060 OF 2007 CIVIL APPLICATION NO.3060 OF 2007 IN WRIT PETITION NO.2730 OF 2005 The Director, National Institute of Virology ... Applicant V/s. J.H. Shariff ... Respondent Mr.A.B. Avhad i/b N.M. Bhole for Applicant Mr.N.A. Kulkarni for Respondent CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: FEBRUARY 1, 2008 FEBRUARY 1, 2008 FEBRUARY 1, 2008 P.C.: P.C.: P.C.: . The Civil application has been filed for modification of the order dated 31.8.2007 granting the applicant i.e. the workman wages u/s 17B of the Industrial Disputes Act. The ground urged for modification of the order is that the caste scrutiny committee has invalidated the caste certificate issued to the workman stipulating that he belonged to the Scheduled Tribe category. 2. In my view, the order passed earlier cannot be modified on this ground. The services of the workman were terminated by the employer on the ground of absenteeism. The tribunal has granted reinstatement with continuity of service and 25% of backwages. This : 2 : award has been challenged in this petition and it has been stayed. The relief which the workman is entitled to u/s 17B must follow in such a case unless the employer is able to demonstrate that the workman is gainfully employed. 3. In such circumstances, the civil application is dismissed. (SMT.NISHITA MHATRE, J.)