1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.2910 of 2004 (Maharashtra State Road Transport Corporation, through its Divisional Controller, Amravati Division, Amravati v. Milind s/o Ashyut Keshkar and another) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri S.C. Mehadia, Advocate for Petitioner. Shri A.P. Kalmegh, Advocate, holding for Shri S.W. Sambre, Advocate, for Respondent No.1(a) to 1(c). Coram : R.C. Chavan, J. Dated : 22 nd January, 2010 This petition by the State Road Transport Corporation is directed against the order passed by the learned Judge, Labour Court, Amravati, whereby he held that the original respondent No.1 herein was entitled to reinstatement with continuity in service and full back wages. This order was left undisturbed by the learned Member, Industrial Court, Amravati, upon a revision. The original respondent No.1 was reinstated, as there was no stay. He expired on 25-1-2005. His legal representatives have filed an affidavit stating that they are ready to forgo monetary claim, i.e. back wages, as directed by the learned Judge, Labour Court. 2 In view of this, the learned counsel for the petitioner-Corporation states that he has instructions to accept the proposal and not to press the petition insofar as it relates to the order of reinstatement. He also states that he has instructions to state that the period of absence of deceased respondent No.1 would be adjusted towards admissible leave and the remaining part of absence as leave without pay, since deceased respondent No.1 was dismissed on the charge of absence only. In view of this, the petition is partly allowed. The orders passed by the Courts below granting back wages to respondent No.1 are set aside. The petition is disposed of accordingly. Judge pdl