1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETN. NO.43/2010 Divisional Controller, MSRTC, Wardha -vs- Ganesh Jagannath Shete Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JUNE 21, 2010. 1) Heard Advocate Shri V.G.Wankhde for petitioner and Advocate Shri Jagdale for respondent employee. 2) The matter is under consideration since long. In fact, respondent employee has also made efforts to settle the controversy amicably. Advocate Shri Wankhede has produced communication dated 07/04/2010 by which M.S.R.T.C. had instructed him to find out whether the settlement can be reached with 25% back wages for the period from 06/05/1991 till the employee reached to the age of superannuation on 14/03/2007. 3) During the course of arguments, Advocate Shri Jagdale has stated that respondent is ready and willing to accept 50% back wages and the order of Labour Court dated 04/11/1995 can be modified to that extent. 4) Advocate Shri Wankhede also states that in that situation the petitioner M.S.R.T.C. is also ready and willing 2 to accept the proposal as given by Advocate Shri Jagdale and the order of Labour Court be modified by giving respondent the relief of back wages of 50% for the said period. 5) In view of this position, by consent of parties the order dated 04/11/1995 passed by Labour Court in U.L.P. Complaint No.510/1991 is modified and petitioner is directed to pay 50% back wages to respondent for the period from 06/05/1991 to 14/03/2007. 6) The respondent cannot be reinstated because of his superannuation on 14/03/2007, however, he is entitled to all consequential benefits. 7) The necessary benefits and back wages be released to him by 30th October, 2010. 8) Rest of the order of Labour Court is maintained as it is. 9) Writ petition is accordingly allowed and disposed of. No costs. JUDGE Khunte .