-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 576 OF 2008 IN WRIT PETITION NO. 8012 OF 2007 Prashant D. Surve ... Applicant versus Konkan Railway Corporation Ltd. ...Respondent Mr. P.M. Mokashi for the applicant. Mr. S.K. Talsania, Senior Advocate, instructed by M/s. Sanjay Udeshi & Co., for the respondent. CORAM: P.B. MAJMUDAR, J. DATE: JULY 14, 2008. P.C. This is an application under Section 17-B of the Industrial Disputes Act, 1947 filed by the applicant, original respondent, on the ground that since the order of reinstatement is stayed by this Court, the management may be directed to comply with the provisions of Section 17-B of the Act. The applicant has also filed an affidavit along with the application in which in paragraph 2 he has stated that he is not in settled employment but some time he may get casual work for few days in a month and getting Rs. 700/- to Rs.800/- per month by way of such casual employment which he is getting for few days in a month. -2- 2. Mr. Talsania, learned counsel for the respondent, original petitioner, has submitted that even if this Court passes an order for payment of last drawn wages by deducting Rs. 800/- per month, management may be given liberty to file fresh application, if the management is able to get some evidence showing the fixed employment of the concerned workman. 3. Considering the facts and circumstances of the case and considering the say of the concerned workman in his affidavit, this application is allowed to the extent that during the pendency of the writ petition, the management shall give last drawn salary to the workman. Learned counsel for the applicant states that the applicant has already stated before the Labour Court the amount of last drawn salary he was getting while he was in employment and on that basis the management may start paying last drawn salary to the applicant from the date of the award. The learned counsel for the respondent has submitted that the order under Section 17-B of the Act will be complied with from the date of the award of the Labour Court and whatever amount the workman is entitled, the arrears will be paid on the basis of this order within a period of eight weeks. In the meanwhile, during the pendency of the petition, the management shall pay last drawn salary to the applicant by deducting Rs. 800/- from such amount. In future, if the management is in a position to bring some evidence about -3- gainful employment of the concerned workman, the management is free to apply for modification of this order. Similarly, if the concerned workman is able to point out to this Court that now he is not getting any amount towards remuneration in any manner, it will be open for him to apply by way of Civil Application with a prayer for enhancement of the amount in question. Subject to the liberty granted, this Civil Application is disposed of to the extent indicated above. P.B. MAJMUDAR, J.