1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 5 /2008 (The State of Maharashtra & another VERSUS Bhimrao Sudamji Gaikwad) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.M. Kale, A.G.P. for the petitioner. Shri S.A. Kalbande, counsel for the respondent. CORAM : SMT. VASANTI A. NAIK, J. DATE : JULY 8, 2009. C.A. NO. CAW 1094/2009. Heard the learned counsel for the parties. By this civil application, the applicant seeks a direction against the non-applicants for depositing the arrears of wages of the applicant as provided under Section 17-B of the Industrial Disputes Act, 1947. It appears that this Court had, by an order dated 16.01.2008, issued Rule in the matter and also granted ad- interim stay in terms of prayer clause (C) on the condition that as and when work was available, the applicant would be called and given an opportunity of working. The prayer clause (C) of the petition reads thus--- “Stay the effect, operation and implementation of the impugned judgment and order dated 06.10.2006 passed 2 by the Labour Court Wardha in Reference IDA No.94/1996 during the pendency of the writ Petition.” On a perusal of the award passed by the labour Court, it appears that the Labour Court had directed the non- applicants/petitioners to reinstate the applicants on his former post with continuity of service. Since the order of reinstatement is stayed by this Court by the order dated 16.01.2008, the provisions of Section 17-B of the Act of 1947 could be made applicable to the facts of this case, specially because the applicant has categorically stated in the application that he is not gainfully employed elsewhere and was unable to secure employment during the relevant period in spite of his best efforts. It is further necessary to note that this fact is not denied by the non-applicants. In such circumstances, the prayer made in the civil application is granted and the application is allowed in terms of prayer clause (i). The civil application is disposed of. The said amount may be deposited within a period of two months from today. JUDGE APTE