-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 52 OF 2008 IN WRIT PETITION NO. 3680 OF 2001 Balaram Hari Shelar ...Applicant versus Babulal Amirchand Jain ..Respondent Mr. Y.M. Pendse for the applicant. Mr. S.S. Pakale for the respondent. CORAM: P.B. MAJMUDAR, J. DATE: JULY 25, 2008. P.C. By filing this civil application, the applicant has prayed that the respondent, who is the original petitioner in the petitioner, may be directed to pay to the applicant wages at the rate of Rs. 2,500/- per month as last drawn wages or minimum wages, whichever is higher, from the date of award till pending hearing and final disposal of the main writ petition. 2. The respondent herein has filed the said writ petition challenging the order dated 21st September, 2000, passed by the Third Labour Court, Thane, in Reference (IDA) No. 263 of 1994. The said dispute was decided in favour of the present applicant which order was challenged by the -2- respondent in the aforesaid writ petition No. 3680 of 2001. 3. The learned single Judge of this Court, while admitting the writ petition, has granted stay only in respect of back wages and the order of reinstatement has not been stayed. The present applicant has thereafter filed a complaint under the provisions of the MRTU & PULP Act, 1971 for direction against the present respondent to implement the award in Reference (IDA) No. 263 of 1994 . The said complaint has been dismissed against which the applicant has also filed a Writ Petition being Writ Petition No. 866 of 2006. That petition is also admitted. 4. Now this civil application is being filed by the applicant in the writ petition filed by the management i.e. Writ Petition No. 3680 of 2001. In my view, when the learned single Judge has not stayed the order of reinstatement, by way of this Civil Application, no direction can be given to the respondent to pay wages to the applicant. The learned counsel for the respondent,however, submitted that the management is willing to appoint the applicant but the applicant has not come forward to join the duty. In my view, such disputed questions cannot be decided at this stage in this Civil Application. In any case, the prayer made in this Civil Application cannot be granted at this stage and the same is rejected with liberty to the applicant to apply for early date of hearing of the writ petition filed by the respondent i.e. -3- Writ Petition No. 3680 of 2001. Subject to what is stated above, this Civil Application is disposed of. P.B. MAJMUDAR, J.