1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7373 OF 2007 M/s. Pipe Arts India Pvt. Ltd. ....Petitioners vs Gangadhar Nathuji Golamare & ors. ....Respondents ALONGWITH WRIT PETITION NOS.7433 OF 2007, 7431 OF 2007, 7430 OF 2007. 7429 OF 2007, 7428 OF 2007, 7426 OF 2007, 7417 OF 2007 AND WRIT PETITION 7415 OF 2007 Mr. A.D. Patwardhan for the Petitioners. Mr. N.A. Kulkarni for the Respondents. CORAM : S.J. VAZIFDAR, J. DATE : 17TH FEBRUARY, 2010. P.C. :- 1. By consent, the Writ Petitions are placed on board and called out for final hearing. 2. By an order dated 25th January, 2008, Rule was issued in the above Writ Petitions. The prayer for interim relief was rejected. The 2 Petitioner filed appeals in each of the Writ Petitions against the order insofar as it refused interim reliefs. The Division Bench, by an order dated 13th March, 2008, directed that the application for interim reliefs be considered afresh. 3. The learned counsel appearing on behalf of the Petitioner states that the Petitioner now, in any event, requires workmen in view of the increase in work. The Petitioner is, therefore, inclined to engage these workmen. The Petitioner is further willing to engage them as well as grant them continuity of service. This is a fair stand taken by the Petitioner. 4. The impugned order does not consider the issue of back wages adequately. In any event, for whatever reason, the Petitioner was unable to cross-examine each of the workers on the issue of back wages. Obviously, the question of back wages would have to be decided in each case, in respect of each of the workmen. There cannot, at least in these cases, be a common order regarding back wages. It is agreed, therefore, between the counsel that the matter be remanded to the Labour Court only on the issue of back wages. 5. In the circumstances, the Writ Petitions are disposed of by 3 the following order :- (a) The Petitioner, as agreed, shall reinstate the Respondent-workmen in each of the petitions with continuity of service, subject to their joining the Petitioner on or before 10th March, 2010. In the event of their not so joining the Petitioner, they will not be entitled to reinstatement. (b) The impugned order is set aside and remanded to the Labour Court, only for the purpose of determination of back wages separately in case of each workman. The parties shall be entitled to lead further evidence. The Petitioner shall be entitled to cross-examine each of the respondent-workmen. (c) The Labour Court shall accord to the Writ Petitions, priority on the basis on the date on which the References were filed viz. 2000. (d) There shall be no order as to costs.