:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7223 OF 2008 WRIT PETITION NO. 7223 OF 2008 WRIT PETITION NO. 7223 OF 2008 M/s. Hindustan Nylon ..Petitioner versus Raygond Appaso Patil ..Respondent Mr. P. D. Pise for the Petitioner. Mr. Mandar Limaye for the Respondent. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATE : 27TH FEBRUARY, 2009 DATE : 27TH FEBRUARY, 2009 DATE : 27TH FEBRUARY, 2009 P.C. P.C. P.C. . Rule, returnable forthwith. Heard by consent. 2. The petitioner has challenged the Order of the Industrial Court , Sangli, granting 25% back wages to the respondent after granting reinstatement. 3. The learned counsel for the petitioner submitted that there was no material on the basis of which the Industrial Court could have granted even 25% back wages; the respondent had neither pleaded :2: nor proved his entitlement to back wages. On perusal of the Order of the Industrial Court, it appears that the Industrial Court has considered the issue as arisen between the parties on account of the respondent’s claim for back wages, which was admittedly made and the petitioner’s denial of the entitlement to back wages. It is a fact that the respondent had not pleaded that he was not in employment for the relevant period. The petitioner has however alleged that the respondent is not entitled to back wages since he owns agricultural land. Thus, though not pleaded properly by the respondent the issue was considered by the Industrial Court. 4. The Order of the Industrial Court, however, does not disclose what evidence, if any, has been relied on for taking the view that the respondent is entitled to 25% of the back wages for the period from 25.3.1996 till the date of reinstatement. Apparently, the Industrial Court has taken the view that because the respondent is said to own agricultural land, it is sufficient to reduce the quantum of back wages. This is done without taking into consideration the area of the land, the extent of the land and the income arising therefrom. :3: 5. The learned counsel for the petitioner submitted it would not be appropriate to remand the matter since there is no pleading by the respondent that he was not employed during the relevant period. He relied on a decision of the Supreme Court in Kendriya Vidyalaya Sangathan & Anr. vs. S. C. Kendriya Vidyalaya Sangathan & Anr. vs. S. C. Kendriya Vidyalaya Sangathan & Anr. vs. S. C. Sharma [(2005)2 SCC 363] Sharma [(2005)2 SCC 363] Sharma [(2005)2 SCC 363], where Their Lordships have taken the view that back wages ought not to be granted unless the employee has placed any material in that regard. It is not possible to accept the contention of the learned counsel for the petitioner that the matter should not be remanded for a fresh consideration on the issue of back wages because the respondent has not made any pleadings. As observed earlier, the Industrial Court has proceeded to agitate the question of back wages because it was very much alive to the mind of the parties and both the sides had adequate notice of the issue; the question of lack of pleading looses some significance in these circumstances. 6. In the circumstances, it would be appropriate in the interest of justice to remand the matter back to the Industrial Court for a fresh decision in accordance with law on the question of :4: back wages. The impugned order is set aside. The matter is remanded back to the Industrial Court to decide a fresh in accordance with law on question of back wages. The parties shall be entitled to amend their pleadings and lead evidence in support thereof. The Industrial Court to decide the matter as early as possible but in any case not later than six months from the date the parties appear before it. Parties are directed to appear before it on 30.3.2009. 7. Rule is made absolute in the above terms. (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)