KPP -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO. 45 OF 2011 IN WRIT PETITION NO. 313 OF 2011 ALONG WITH CIVIL APPLICATION NO. 50 OF 2011 The Chairman, Shri Yogesh Shantaram Aher and another ... Appellants vs. Anil Hirama Pagar ....Respondent Mr. P.N. Joshi for the appellants. Mr. M.S. Topkar for the respondent. CORAM: P.B. MAJMUDAR & MRS. MRIDULA BHATKAR, JJ. DATE: JULY 14, 2011. P.C. It is agreed by both the learned counsel appearing for the parties that since the original prayer of the respondent before the Labour Court was to pass an order of 75% wages or reinstatement, the respondent-workman is agreeable to accept 75 per cent wages from the date of the order of the Labour Court, without insisting for reinstatement at this stage. Considering the consensus prevailing between the parties, the orders of the learned single Judge, Industrial Court and the Labour Court are modified to the extent that during the pendency of the KPP -2- complaint before the Labour Court, the appellants shall continue to pay 75 per cent of the wages payable to the respondent from the date of the order of the Labour Court i.e. 6th August, 2010, without reinstating the respondent in service. The Labour Court may now dispose of the pending complaint expeditiously and preferably within a period of three months from today, without being influenced by the orders passed by the learned single Judge and the Industrial Court. Till the Labout Court decides the complaint, the aforesaid arrangement to continue. It is clarified that we have not expressed any opinion on merits of the matter and it is for the Labour Court to pass appropriate order on merits. In case the complaint is rejected, it is for the Labour Court to consider as to whether the amount paid during the pendency of the complaint is required to be refunded to the appellants or not, after hearing both the sides. 2. The Letters Patent Appeal and the Civil Application are accordingly disposed of. P. B. MAJMUDAR, J. MRS. MRIDULA BHATKAR, J.