(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 3733 of 2011 (In Writ Petition No. 4381 of 1999) Municipal Council, Parli Vaijanath, Through its Chief Officer, At post : Parli Vaijanath, District : Beed. .. Applicant. versus Vishweshwar Vaijanath Dube, Age : 45 years, Occupation : Service, R/o. Parli Vaijanath, District : Beed. .. Respondent. ....................... Mr. V.V. Bhavthankar, Advocate, for the applicant. Mr. S.V. Warad, Advocate, for the respondent. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 4TH MAY 2011 (2) COURT'S ORDER : 1. Heard Adv. Mr. V.V. Bhavthankar, for the applicant (petitioner in WP), and Adv. Mr. S.V. Warad, for the respondent / employee. 2. In Writ Petition, challenge is to award of Labour Court passed in IDA Reference granting relief of reinstatement with back wages. It appears that the respondent / employee thereafter filed an application under Section 33C(2) of the Industrial Disputes Act, 1947 (For short, "1947 Act") for computing those back wages and the Labour Court has allowed that application on 13-8-2010. Accordingly, the respondent / employee is now taking steps to recover those back wages. 3. According to Adv. Mr. Bhavthankar, grant of back wages, as worked out by the Labour Court under Section 33C(2) is Rs. 7,00,000/-, while according to Adv. Mr. Warad, it is Rs. 10,19,000/-. 4. After hearing respective Counsel, I find that the said adjudication under Section 33C(2) of 1947 Act was questioned before this court in Writ Petition No. 11693/2010 and this court on 13-1-2010 has permitted the employer to file appropriate (3) application in the present Writ Petition for seeking stay to that recovery. Accordingly, the present application has been filed. 5. According to Adv. Mr. Bhavthankar, as liberty is given by this court, petition is already admitted and respondent is also reinstated and is receiving regular salary, grant of back wages needs to be stayed. 6. Adv. Mr. Warad, on the other hand, contends that while passing orders on 13-1-2010, employee was not before the court, this court has not permitted employer to move for interim relief. He further contends that as the reinstatement is on daily wages, income of respondent is very meagre. Hence, according to him, after several years, filing of present application in this writ petition is totally misconceived. He has invited attention to fact that after filing of present Writ Petition, for all these years, no steps were taken. According to him, the award passed by the Labour Court is without any participation by employer and after this court did not grant any interim relief, proceedings under Section 33C(2) of 1947 Act were filed way back in 2001 and in those proceedings, Municipal Council did not appear. 7. Perusal of the record reveals that on 6-9-1999, this court issued Rule in the matter and also granted Rule on interim (4) relief. The matter then remained pending and on 7-9-2007, an order has been passed observing that there was no point in considering grant of interim relief after lapse of more than 8 years. After that order, again there are no further orders in the matter. 8. It is, therefore, obvious that Rule on interim relief which came to be issued on 6-9-1999 was disposed of on 7-9-2007. 9. The respondent had entered the service in 1983 and was terminated in 1988. Today he is in employment. His status as a daily wager cannot be subject matter of dispute in the present Writ Petition. In this situation, interest of justice can be met with by directing the petitioner / Municipal Council to deposit an amount of Rs. 3,00,000/- in this court. 10. Hence, I pass the following order : (i) The petitioner / Municipal Council is directed to deposit an amount of Rs. 3,00,000/- [Rupees three lacs] with the Registry of this court by 31st July 2011. Subject to such deposit, stay of coercive recovery. (5) (ii) If the amount is not deposited, interim order shall cease to operate automatically. 11. With these directions, Civil Application is disposed of. No costs. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/ca3733