1 IN THE HIGH COURT OF JUDICATURWE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3081 OF 2009 IN WRIT PETITION NO.7578 OF 2009 Mather and Platt India Ltd. ..Petitioner. Vs. Mr.P.N. Kale and anr. ..Respondents. Mr. S.K.Talsania i/by Salgaonkar & Co. for the Petitioner. Mrs.Seema Sarnaik for the Respondents. CORAM : R.S. MOHITE, J. DATE : 11TH DECEMBER, 2009 PC: 1 This is an application for modification of my order dated 5.11.2009. As a condition of grant of stay of reinstatement, I have directed the petitioner to deposit full back wages from 26.4.1996 in this court within a period of eight weeks. It is brought to my notice that reference was dismissed on 31.8.1998 as respondents were not present and upon an 2 application made by the respondents reference was restored on 25.2.2004. In such circumstances, condition of grant of stay of reinstatement is modified subject to deposit of back wages from 26.41996 till today after excluding the period 31.8.1998 and 25.2.2004. Subject to this modification, rest of the order is confirmed. It is made clear that this modification is being made without prejudice to the rights of the workmen to contend that they are entitled for back wages even during this period. Time to deposit is extended up to 8.1.2010. (R.S. MOHITE, J.)