IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 423 OF 2010 IN WRIT PETITION NO. 326 OF 2010 SHRI. RAMESH NAIK AND ANR., ... Applicants Versus M/S. FOMENTO RESORTS AND HOTELS LTD, AND ANR., ... Respondents Shri. S. Gaonkar,Advocate for the applicants. Mr. J.E. Coelho Pereira, Senior Advocate for the respondent no.1. Coram:- A. P. LAVANDE, J. Date:- 22nd September, 2010 P.C. Heard Mr. Gaonkar, learned Counsel appearing for the applicant and Mr. Coelho Pereira, learned Senior Counsel appearing for the respondent no.1. 2. This is an application under Section 17-B of the Industrial Disputes Act,1947 filed by the workman in Writ Petition no.326/2010 filed by respondent no.1 challenging the award dated 30th December, 2009 by which the Labour Court-II at Panaji held the termination of the applicant being illegal and consequently, granted reinstatement with full back wages. In support of the application, the applicant has filed affidavit stating that he is unemployed after the date of passing of award. 3. Placing reliance on the judgment of the Apex Court in the case of Regional Authority of Dena Bank Vs. Ghanashayam; 2001 II LLJ 274, Mr. Gaonkar, learned Counsel appearing for the applicant submitted that the applicant is entitled to wages last drawn from the date of award. 4. Mr. Coelho Pereira, learned Senior Counsel appearing for respondent no.1 submitted that the applicant is drawing pension at Rs.1056/- per month and, therefore, the applicant is not entitled to relief sought for and in any case, the said amount must be adjusted towards the wages due to the applicant. 5. Having heard learned Counsel for the applicant and respondent no.1, I am of the considered opinion that the application filed by the applicant deserves to be allowed. The affidavit filed on behalf of respondent is in compliance with the law laid down by the Division Bench of this Court in the case of U. P. State Bridge Corporation Ltd. Vs. Maharashtra General Kamagar Union; 2008(2) BCR 619. In view of the judgment of the Apex Court in the case of Ghanashyam (supra), the applicant is entitled to last drawn wages from the date of award. In so far as the pension amount being paid to the applicant is concerned, I am not inclined to pass any order adjusting the same at this stage. However, the contention of the respondent regarding payment of said amount, is kept open at the time of final hearing of the petition. In view of the above, I pass the following order : (i) Respondent No.1 shall deposit the wages due from the date of award till September, 2010 in this Court within a period on or before 25th October, 2010. (ii) Upon depositing the amount, the registry to pay the said amount to the applicant. (iii) The monthly wages payable from the month of October,2010 onwards, shall be deposited every month in this Court on or before 10th day of every next month till the disposal of the writ petition no.326/2010. (iv) Upon depositing the said amount, the registry shall pay the same to the applicant. The application stands disposed of in above terms. A. P. LAVANDE, J. SMA