1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.861 OF 2008 WITH CIVIL APPLICATION NO.1018 OF 2008 IN WRIT PEITION NO.3231 OF 2007 Prakash G. Acharya. ...Petitioner. Versus Divgi Metalwares Limited. ...Respondent. ....... Mr. P.M. Patil for the Petitioner. Mr. A.D. Patwardhan for the Respondent. ...... CORAM : DR. D.Y. CHANDRACHUD, J. April 16, 2008. P.C.: Civil Application 861 of 2008 is for an order under Section 17B of the Industrial Disputes Act, 1947, while Civil Application 1018 of 2008 is for withdrawal of the amount deposited by the employer towards the back wages in compliance with the order passed on 20th December 2007. While admitting the petition, the Learned Single Judge stayed the implementation of the award of the Labour Court on 2 the condition that the employer deposits the amount of back wages within eight weeks. That order has been complied with by the deposit of back wages. An affidavit has been filed in support of the application under Section 17B of the Industrial Disputes Act, 1947. Learned Counsel appearing on behalf of the employer has fairly stated that at the present stage, the employer is unable to controvert the statement that the workmen are not gainfully employed. It is agreed that from the date of award of the Industrial Court until 18th April 2008, the workmen would be entitled to the benefit of payment under Section 17B of the Industrial Disputes Act, 1947. The employer has also agreed through Learned Counsel to reinstate the workmen with effect from 18th April 2008 which offer of reinstatement has been accepted on behalf of the workmen on instructions. It is clarified by consent that the offer of reinstatement shall be without prejudice to the rights and contentions in the petition. The amount of back wages which was deposited in pursuance of the order dated 20th December 2007 shall 3 be invested by the Registrar (Judicial) in a fixed deposit of a Nationalized Bank to be renewed periodically during the pendency of the petition. Learned Counsel appearing on behalf of the employer stated that the payment of wages under Section 17B shall be effected within a period of six weeks from today. Statement is accepted. Both the Civil Applications are disposed of. .....