: 1 : cal.71.2011...sxw vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.71 OF 2011 IN LETTERS PATENT APPEAL NO.40 OF 2010 IN WRIT PETITION NO.7706 OF 2009 Namdeo Kondiba Shitole … Applicant V/s. M/s.Jagdish Electronics (I) Ltd. ... Respondent a/w CIVIL APPLICATION NO.52 OF 2010 IN LETTERS PATENT APPEAL NO.40 OF 2010 IN WRIT PETITION NO.7706 OF 2009 M/s.Jagdish Electronics (I) Ltd. … Applicant V/s. Namdeo Kondiba Shitole ... Respondent Mr.Atman Mehta with Anupam Surve i/b Haresh Mehta for Applicant in CA/52/2010 and for Respondent in CA/71/2011 Mr.V.H. Shekdar for the Applicant in CA/71/2011 and for Respondent in CA/52/2010 CORAM: P.B.MAJMUDAR & A.A.SAYED,JJ. DATED: 28th MARCH, 2011 P.C.: 1. Civil application No.71 of 2011 is filed by the applicant workman with a prayer that the ad-interim order granted earlier in the Civil application may be vacated. There is an order of reinstatement granted by the Labour court in favour of the Applicant workman which order was confirmed by the learned Single Judge : 2 : cal.71.2011...sxw against which the present Letters Patent Appeal is filed. The Division Bench of this Court by its order dated 12.7.2010 passed the following order: “Rule, returnable on 9th August, 2010. Till further orders, there shall be ad- interim stay of the directions of the Labour Court as confirmed by the learned Single Judge of this Court for reinstatement of respondent No.1 subject to the condition that the appellant shall comply with the provisions of section 17-B of the Industrial Dispute Act, 1947 as soon as the respondent-workman files an affidavit to the effect that he is not gainfully employed. 2. In our view, since the Letters Patent Appeal is already admitted, the ad- interim order granted earlier should be confirmed during the pendency of the appeal otherwise the appeal itself will become infructuous. The employer however, is directed to comply with the provisions of section 17B in accordance with law. The concerned workman may file appropriate affidavit as required u/s 17B within two weeks. Thereafter the management to comply with the provisions of section 17B. However, considering the nature of the dispute and considering the fact that there is an order of reinstatement in favour of the concerned workman, we deem it proper to fix the Letters Patent Appeal for final hearing in the week commencing from 25.4.2011. In view of the same, Civil application No.71 of 2011 for vacating the ad-interim order is rejected. Rule is made absolute in Civil Application No.52 of 2010 which is regarding interim relief. 3. Subject to what is stated hereinabove, both the civil applications are disposed of accordingly. (A.A.SAYED, J.) (P.B.MAJMUDAR, J.)