-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.353 OF 2008 In WRIT PETITION NO.1370 OF 2007 M/s.Khyber Restaurant : Petitioner V/s. Baldeo Singh Chandel : Respondent ... Mr.R.V.Bukhari with Mr.B.V.Bukhari for the petitioner. Mr.P.N.Singh i/b. Vyas & Bhalwal for the respondent. ... CORAM : S.A. BOBDE, J. DATE : SEPTEMBER 09, 2008. P.C. 1. It is apparent from the award dated 20.11.2006 that the question of back wages has not been decided, in accordance with law. The learned trial Court has neither referred to the pleadings of the respondent nor to the evidence for coming to the conclusion that the respondent is entitled to 50% back wages. This is not in accordance with law as laid down by the Supreme Court in J.K. Synthetics Ltd. v. K.P. Agrawal [(2007) 2 SCC 433]. In these circumstances, it is appropriate, in the interest of justice to set aside the impugned award only to the extent -: 2 :- of the back wages. However, having regard to the circumstances of this case, the issue of back wages is remanded back to the trial Court for a fresh decision, in accordance with law. The parties shall be at liberty to amend their pleadings on the question of back wages and lead such evidence as may be advised, in accordance with law. The trial Court shall report the finding and its conclusion to this Court within a period of six months after receiving the writ. 2. The amount deposited shall be invested in Fixed Deposit with a Nationalised Bank initially for a period of six months and shall be renewed from time to time, pending the Writ Petition. The entitlement of the respondent-workman to withdraw the said amount will be decided later. 3. The interim stay of reinstatement shall continue pending this Writ Petition. 4. Notice of Motion stands disposed of. S.A. BOBDE, J.