1 IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.629 of 2007 IN WRIT PETITION NO.2974 OF 2004 Dominic Fernandes. ...Appellant vs. Voltas Ltd. ...Respondent --- Mr.Arshad Shaikh i/b. Vinod Shetty & Ketaki Rege, for Appellant. Mr.S.K.Talsaniya, Sr.Advocate i/b. M/s.Haresh Mehta & Co., for Respondent. AND APPEAL (LODG)NO.861 of 2007 IN WRIT PETITION NO.2974 OF 2004 Voltas Ltd. ...Appellant vs. Dominic Fernandes. ...Respondent --- Mr.S.K.Talsaniya, Sr.Advocate i/b. M/s.Haresh Mehta & Co., for Respondent. Mr.Arshad Shaikh i/b. Vinod Shetty & Ketaki Rege, for Appellant. --- 2 CORAM: D.K.DESHMUKH & SMT.R.P.SONDURBALDOTA,JJ. DATED: 25th June, 2010 P.C.: 1. By consent of parties, the order dated 3.5.2007 passed by the learned Single Judge of this Court in Writ petition no.2974 of 2004 is set aside. The order of the Labour Court which was impugned in the writ petition is reinstated. However, from the record we find that the relief that was granted by the learned Single Judge to the employee was 50% of the backwages for the period from 1.1.1998 to 31.12.1998 and that amount comes to only Rs.98,000/-. Considering that there was some mistake on the part of the employer also in relation to showing of wrong date of birth and considering that the amount to be paid is extremely small, in our opinion, the following order would meet the ends of justice:- Appeal (lodg) no.861 of 2007 is allowed. 3 The order of the learned Single Judge impugned in the appeal is set aside. The order of the Labour Court which was challenged in the Writ Petition is maintained. However, the amount of 50% of the backwages for the period from 1.1.1998 to 31.12.1998 is directed to be paid to the respondent in Appeal (lodg) no.861 of 2007, within a period of four weeks from today as ex- gratia payment. Appeal no.629 of 2007 is dismissed. (D.K.DESHMUKH,J.) (SMT.R.P.SONDURBALDOTA,J.) ...