1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 5404/2009. ( Municipal Council, Bhandara . -: versus :- Narayan Tanba Humane ) 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 : JANUARY 19, 2010. Heard finally by consent of Shri M.I. Dhatrak, learned counsel for petitioner and Shri R.A. Gupta, learned counsel for respondent. I find that neither the petitioner nor the respondent assisted the Labour Court in computing the benefits under Section 33-C-2 of the Industrial Disputes Act appropriately. As per the order on the basis of which the computation or recovery of back wages was claimed, the petitioner was expected to pay 50% of back wages to the respondent. These directions are issued vide judgment dated 18.10.1993 in ULP Complaint No.144/1989. The learned counsel for petitioner has pointed out that there were two agreements between the parties. Shri Gupte, learned counsel for respondent is disputing these agreements, however, it is not necessary for me in this proceeding to go into that controversy. 2 The petitioners' claim that, they reinstated respondent on 01.12.1993 and he was regularized on 24.09.2002. Thus, respondent has received some salary / wages for work done after 01.12.1993 and that amount ought to have been deducted from the salary which he has claimed for period from 20.05.1989 till 23.09.2002. If the case of regularization on 24.09.2002 is accepted, the question whether difference in salary after reinstatement in regular pay scale could have been claimed on the basis of order of reinstatement was also the relevant issue which ought to have been gone into by the Labour Court. Attention of Labour Court was not invited to these facts and issues. It has therefore granted the application under Section 33-C[2], as if respondent has not been paid anything. In these circumstances, subject to petitioners depositing amount of Rs. 30,000/- with the Labour Court at Bhandara by 28.02.2010, the impugned order dated 29.06.2009 is hereby quashed and set aside. The proceedings in I.D.A.No. 38/2009 is restored back to the file of Labour Court, Bhandara for its fresh adjudication in accordance with law. As the matter is old, the Labour Court shall attempt to decide the same as early as possible and in any case by 28.02.2011. It is made clear that the observations made by this Court above are only to point out the necessity of remand and shall not influence the Labour Court while considering the rival contentions. All issues being raised by the petitioner and respondent are kept open for consideration by it. The amount of Rs. 30,000/- which will be deposited by the petitioner with the Labour Court 3 shall be allowed to be withdrawn by the party succeeding in those proceedings. Writ Petition is allowed in the aforesaid terms. Rule accordingly. No cost. JUDGE Rgd.