1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Writ Petition NO.4329/2010 The Sub Divisional Engineer, PW. S.D. Yavatmal and others Vs. Sau. Kasabai Chintaman Karam And Writ Petition No. 4280/2010 The Sub Divisional Engineer, P.W.D. and others VS. Sau. Ghairathabai P. Madavi. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. Kankale, AGP for petitioners in WP No. 4329/2010 Mr. Fulzele, AGP for petitioners in WP No. 3280/2010 CORAM : B.P. DHARMADHIKARI, J. DECEMBER13, 2010. In both matters this Court issued notice for final disposal and granted interim relief. The respondents-employees have chosen not to appear. Respective learned AGPs pointed out that impugned orders in these writ petitions are dated 1.10.2009 in I.D. A. No.9/2006 and I.D. A. No.8/2006. They pointed out that these I.D. Applications under Section 33C (2) of Industrial Disputes Act were filed for implementation of benefits flowing from orders of Labour Court and those orders have been quashed and set aside by this Court in Writ Petition Nos. 2942/2005 and 3078/2005 respectively. They invite attention to the judgment dated 5/1/2010 delivered in this matter. Perusal of said judgment dated 5/1/2010 reveals that writ 2 petitions were partly allowed and both employees were held entitled relief of reinstatement with continuity but without back wages. Thus the orders of Labour Court impugned in those writ petitions were modified and back wages have been denied to the respondents-employees. The Labour Court had granted relief of reinstatement with continuity with full back wages and it was maintained by the Industrial Court in revisions. Because of judgment dated 5/1/2010 the back wages have been found not payable to respondent Bhagirathabai and Kasabai. It is therefore apparent that Section 33 C (2) proceedings filed before the Labour Court for recovery of back wages as per earlier orders of Labour Court are not tenable as the proceedings were filed when Writ Petition Nos. 3078/2005 and 2942/2005 were pending before this Court. Those orders constituting “existing right” are already modified and now respondents are not entitled to recovery any back wages. In this view of the matter, impugned judgments of Labour Court dated 1.9.2009 in I.D. A. No. 8/2006 and 9/2006 are hereby quashed and set aside. The petitions are accordingly allowed. No costs. JUDGE Ambulkar