Kambli 1 wp227.10 IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.233 OF 2010 IN WRIT PETITION NO.1405 OF 2010 WITH CIVIL APPLICATION NO.291 OF 2010 ... Kedarling Sahakari Pani Puravatha Sanshta Ltd. ...Appellant vs. Mr.Sambhaji P. Chougule ...Respondent ... Mr.D.A.Nalawade i/b Mr.R.A.Lokhande for Appellant. Mr.P.P.Chavan with Ms.R.J.Nathani i/b R.R.Chile for Respondents. --- CORAM: D.K.DESHMUKH & N.D.DESHPANDE,JJ. Dated: 29th September, 2010 P.C.: Admit. Kambli 2 wp227.10 Heard finally by consent of parties. 1. It is common ground that with effect from 24-5-2007, the workman was gainfully employed. Therefore, he is not entitled to any back wages. He is entitled only to the difference between the salary earned by him from the Village Panchayat and the full wages to which he has been held entitled to by the learned single Judge. It has come on record that before the workman was employed with the Village Panchayat, after termination of his service by the Appellant, he was doing agriculture. He has not produced any material on record to show how much he was earning from that occupation. In our opinion, therefore, awarding of 50% back wages would serve the interest of justice. The Appeal is, therefore, disposed of in following terms: (i)The order granting reinstatement is not Kambli 3 wp227.10 disturbed. However, the order of the learned single Judge is modified to the following extent. (a) The workman shall be entitled to 50% of back wages from 23-11-2002 to 23-5-2007. For the period subsequent to 24-5-2007 to the date of reinstatement, the workman shall be entitled to the difference between 50% of the wages payable by the Appellant less the monthly amount that he has received from the Village Panchayat. (b) Reinstatement shall be granted within a period of two weeks from today. (c) Payment as per this order shall also be made within that period. While making payment the Appellant shall supply a detailed calculation of the backwages. (d) If the workman has any grievance about it, he is entitled to lodge Kambli 4 wp227.10 objection with the Appellant as also pursue his remedy available under the law. (ii)Appeal disposed of. (D.K.DESHMUKH,J.) (N.D.DESHPANDE,J.)