1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.W. NO. 2692/2009 IN Writ Petition No. 429/2009 (Sant Gadgebaba Amravati University Amravati through the Registrar VERSUS Pravin Rangrao Ghardinkar) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.M. Sudame, counsel for the applicant-petitioner. Shri N.R. Saboo, counsel for the non-applicant-respondent. CORAM : SMT. VASANTI A. NAIK, J. DATE : JANUARY 29, 2010. By this civil application, the applicant-petitioner seeks modification of the order dated 05.05.2009. By the order dated 05.05.2009, this Court had stayed the impugned order passed by the Labour Court on 22.07.2008 subject to the condition that the petitioner continued the respondent as a daily wager during the pendency of the writ petition. Shri Sudame, the learned counsel for the applicant, states that it may not be possible for the Amravati University to provide work to the respondent as a daily wager unless the posts are sanctioned and, hence, the order dated 05.05.2009 needs a modification. The learned counsel for the applicant states that in case, the applicant University is not in a position to provide work to the respondent as a daily wager, 2 the University would pay the wages to the respondent though he may not work as a daily wager with the applicant- petitioner. According to the learned counsel for the applicant, even otherwise, the respondent would be entitled to the wages in view of the provisions of Section 17(B) of the Industrial Disputes Act. Mr. Saboo, the learned counsel for the non- applicant, submits that the University may keep the option open of either providing the work to the respondent or to pay him the wages though he may not work as a daily wager. Since the Amravati University is ready to pay the daily wages to the respondent in the aforesaid circumstances, the order dated 05.05.2009 is hereby modified and the stay granted by this Court subject to the condition that the petitioner either continues the respondent as a daily wager or pays the wages which are due and payable to the daily wager. The civil application is allowed in the aforesaid terms and disposed of. JUDGE APTE