1 CA-1567-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CIVIL APPLICATION NO.1567 OF 2011 IN WRIT PETITION NO.2022 OF 2007 Ramshankar Mourya ..Applicant Vs M/s.Gulabchanda Gudka and anr. ..Respondents -- Mr.Amol Mhatre, for applicant. Mr.Rahul Oak, for respondents. -- CORAM : R.G.KETKAR, J. DATE : 14 th OCTOBER, 2011 P.C.: Heard Mr.Amol Mhatre, learned counsel for the applicant and Mr.Rahul Oak, learned counsel for the opponents in this application. 2] The opponents have preferred Writ Petition No.2022 of 2007 challenging the judgment and order dated 3 rd November, 2006 passed by the learned Judge, 3 rd Labour Court, Thane in Misc. 2 CA-1567-11.sxw Application No.27 of 2004. By that order, the Labour Court rejected application made by the opponent herein under Rule 26 of Industrial Disputes (Bombay) Rules for setting aside the ex-parte award dated 28 th October, 2003. 3] Aggrieved by this judgment, the opponent nos.1 and 2 preferred Writ Petition No.2022 of 2007. After hearing both sides, the petition was admitted by issuing Rule on 19 th April, 2007. In so far as interim relief is concerned, the learned counsel for the opponent nos. 1 and 2 - original petitioners made a statement that the entire amount of back wages was deposited with the Recovery Officer which, in turn, would be deposited in the Labour Court. On the basis of that statement, stay to the impugned order was granted and the applicant herein was permitted to withdraw 50% of the amount of back wages deposited with the Labour Court on furnishing security to the satisfaction of the Labour Court. 4] It is not in dispute and in fact Mr.Oak fairly pointed out that opponent nos.1 and 2 herein had not deposited any amount pursuant to the ex-parte award dated 28 th October, 2003. Since the 3 CA-1567-11.sxw stay was granted on the basis that opponent nos.1 and 2 had deposited the entire back wages in the Labour Court and since the amount is not deposited in the Labour Court, the interim relief granted on 19 th April, 2007 deserves to be vacated. 5] Hence, Civil Application is allowed in terms of prayer clause (c) with no order as to costs. [R.G.KETKAR, J.]