1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8254 OF 2006 WITH CIVIL APPLICATION NO.1269 OF 2008 WITH CIVIL APPLICATION NO.1270 OF 2008 Laxmi Soap Factory .. Petitioner. Vs. Vandana S. Pote and another ..Respondents. .... Mr. Nitin A. Kulkarni for the Petitioner. Mr. S.C. Naidu with Mr. Manoj Gujar i/b M/s. C.R. Naidu & Co. for the Respondents. .... CORAM: DR. D.Y. CHANDRACHUD, J. 30th June, 2008. P.C. : 1. The Petition under Articles 226 and 227 of the Constitution arises out of an order passed by the Labour Court at Pune dismissing an application for setting aside an ex parte award on a reference to adjudication under Section 10 of the Industrial Disputes Act, 1947. The Petition was admitted by an order dated 14th January, 2008 and interim relief was granted subject to the deposit of an amount of Rs.1,90,000/- by the Petitioner towards 2 backwages in this Court. There is an office noting to the effect that in compliance with the order, there is a deposit of backwages of Rs.1.90 lacs by the Petitioner. A Civil Application was taken out for the payment of wages under Section 17-B of the Industrial Disputes Act, 1947. Similarly there is a Civil Application for vacating the order of stay. 2. At the hearing of the Civil Application, Counsel appearing for the Petitioner employer as well as the Respondent workman have agreed on instructions that instead of this Court taking up the Civil Applications, the Petition itself may be called out on Board and may be disposed of in terms of the working arrangement which has been arrived at between the parties. Accordingly the Petition has been taken on Board and called out by consent. Counsel appearing for the employer has made a statement on instructions that in the event that the workman is agreeable the reference may be restored to the file of the Labour Court at Pune and in the meantime during the pendency of the proceedings the employer would offer employment to the workman and pay the minimum 3 wages applicable under the Minimum Wages Act, 1948, by paying the applicable rates for the soap and cosmetics industry which is a scheduled employment and in addition thereto an amount of Rs.750/- towards conveyance charges. The Respondent workman is present before the Court and learned counsel appearing on her behalf has stated that she is agreeable to the aforesaid offer which has been made by the employer as a workable interim arrangement during the pendency of the reference. Hence, by consent the following order is passed : i) The order of the Labour Court dated 4th December, 2006 in Misc. Application (IDA) 116 of 2006 and the ex parte award dated 12th December, 2005 in Reference (IDA) 93 of 2004 are quashed and set aside; ii) Reference (IDA) 93 of 2004 is restored to the file of the Labour Court at Pune; iii) During the pendency of the proceedings before the Labour Court the Petitioner employer has agreed and undertaken 4 before this Court through the learned counsel that the Respondent shall be offered employment as a helper in the establishment at Sukh Sagar Building, 406/24 Nanapeth, Pune 411 002 and that the workman shall be paid the minimum wages applicable to the soaps and cosmetics industry as a scheduled employment under the Minimum Wages Act. In addition, it has been stated that an amount of Rs.750/- shall be paid towards conveyance charges every month. It has been stated that the workman shall be reemployed from 7th July, 2008. iii) The amount which has been deposited in pursuance of the interim order dated 14th January, 2008 shall continue to remain invested as directed pending the disposal of the reference and shall abide by such final orders as may be passed by the Labour Court. iv) The Labour Court is requested to expedite the disposal of the reference and endeavour to do so by 31st December, 2008. 5 The Petition shall stand disposed of in the aforesaid terms. In view of the disposal of the Petition, the Civil Applications do not survive and are accordingly disposed of as not pressed.