1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5870 OF 2009 M/s. Ashirwad Sizing Works. ..Petitioner. Vs. Mr. Krishnarao Gundu Niungare. ..Respondent. Mr.M.S.Topkar for the petitioner. Mr.Vijay Mane for the Respondent. CORAM :R.S.MOHITE, J. DATE : 4TH NOVEMBER,2009 P.C. 1 Heard both sides. 2 Grievance of the petitioner is that back wages has been illegally awarded by the Labour Court from 1.11.2006 to 1.11.2007 notwithstanding the fact that offer was made to take the workman back. My attention is also drawn to the offer made to the workman after the alleged termination on 1.11.2006. That offer said to have been contained 2 in letter dated 4.11.2006. On perusal of that letter, it appears that, there is no offer made for taking back the workman. On the contrary, the said letter states that the workman was not present on site and he should remove himself if he does not want to work. After the complaint was filed, pursis was filed and offer was made to take back the workman. On perusal of the evidence led by the workman, it is found that he has contended in his evidence that after the offer was made, he went to join his duty but he was not taken back. This fact has been recorded by the workman by his letter dated 18.12.2006 and reply was given on 24.12.2006. This correspondence has not been annexed by the petitioner. Be that as it may, it is not an uncontroverted position that an offer was made but no attempt was made by the workman to accept the offer. In this view of the matter, since there are two concurrent findings of facts, I am not inclined to entertain the petition and the same is summarily rejected. It is however, clarified that 3 what will be due to the workman/respondent will be the back wages for the period from 1.11.2006 to 1.11.2007. There is no question of payment of any damages for wrongful termination of the workman. It is however, clarified that the workman/respondent will be entitled to all benefits other than the damages in accordance with law. (R.S.MOHITE, J.)