1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2123 OF 2010 (Anant Maharaj Krida Prasarak Mandal & Anr. vs. Sau. Kalpana Gajanan Shelke & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. AUGUST 03, 2010. Heard Shri Deshpande, learned counsel for the petitioners and Shri Jaiswal, learned AGP for respondent No.2. Shri Deshpande, learned counsel informs that as per orders of this Court dated 03.05.2010, Respondent No. 1 is already reinstated from opening day of the School after Summer vacation. He, therefore, states that entitlement of Respondent No. 1 to back wages from 31.12.2009 till that date only needs to be considered. According to him, as the management never terminated services of Respondent No.1, the petitioner cannot be saddled with liability of back wages. Shri M.M. Sawang, learned counsel for respondent No. 1 states that the School Tribunal has elaborately considered this aspect in para 19 of judgment and for valid reasons back wages are awarded. He, however, states that Respondent No. 1 has been permitted to join and only to show goodwill, Respondent No. 1 is ready and willing to surrender 50% of back 2 wages so as to maintain cordial relations with the petitioner – management. Shri Jaiswal, learned AGP states that the back wages are required to be paid by the management and not by the department. I have perused the impugned order. The Tribunal has given valid reasons. It has noticed efforts made by Respondent No.1 to join and also has found that some records were prepared by the petitioner – management. But then no finding in this respect is necessary as Respondent No. 1 has, only to maintain cordial relations and as a gesture of goodwill, surrendered 50% of back wages. In view of this, the impugned order of the School Tribunal is modified and it is made clear that the petitioner shall pay to Respondent No.1, 50% of back wages for the period from 31.12.2009 till the date on which she was permitted to resume her duties after Summer Vacation of 2010. With these modifications, the rest of the order of School Tribunal dated 17.04.2010 is maintained as it is. Writ Petition is thus partly allowed. However, there shall be no order as to costs. JUDGE *GS.