1 WP 5424.2010 - [ J ] IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5424 OF 2010 M/s Diamond Paper Products Through its Proprietor Pradeep S/o Pralhad Rathod Age : Major, Occ. : Business, R/o : Plot No. 126, CIDCO, N-3, Aurangabad. .... PETITIONER V E R S U S 1. Raghunath S/o Bhanudas Jadhav Age : 54 Yrs., Occ. Service, R/o : Mudalwadi, Post. : Narayangaon, Tq. Paithan, Dist. Aurangabad. 2. Sahebrao S/o Bhanudas Jadhav Age : 51 Yrs., Occ. Service, R/o : Mudalwadi, Post. : Narayangaon, Tq. Paithan, Dist. Aurangabad. 3. Deorao S/o Sarjerao Nalawade Age : 61 Yrs., Occ. Service, R/o : Jayakwadi, Tq. Paithan, Dist. Aurangabad. .... RESPONDENTS 2 WP 5424.2010 - [ J ] Mr. M.K.Deshpande, Advocate for the Petitioner. Mr. V.P. Patil, Advocate for Resp. No. 1 to 3. CORAM :S.V. GANGAPURWALA, J. DATE OF JUDGMENT : 29/08/2011 ORAL JUDGMENT : 1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, taken up for final hearing. 2. Heard the learned counsel for the respective parties. 3. The petitioner has assailed the order passed by the Member, Industrial Court, Aurangabad thereby directing the present petitioner to reinstate the respondents/original complainants and to pay total back wages from 12/03/2003. 4. It is not disputed that the respondent no. 3 has attained the age of superannuation and he stands retired w.e.f. 12/03/2007. As far as respondent nos. 1 and 2 are concerned, the 3 WP 5424.2010 - [ J ] petitioner has taken them in employment and they have been reinstated. 5. As far as back wages are concerned, the respondents have given a pursis that they are ready to waive 50 % back wages, so also, the petitioner has filed pursis stating that the petitioner is ready to pay 50 % back wages to the respondents. 6. The pursis filed by the present petitioner is marked as X-1 and the pursis filed by the respondents is marked as X-2 for identification. 7. In view of the aforesaid pursis, no dispute remains amongst the parties. The Judgment and Order passed by the Industrial Court is confirmed to the extent of reinstatement and is modified to the extent of back wages i.e. the respondents would be entitled for 50 % back wages and all other benefits which would be available to the respondents in view of the reinstatement granted to them. 8. The petitioners agree to pay 50 % back wages to the 4 WP 5424.2010 - [ J ] respondents within the period of four ( 4 ) months from today. If any dispute arises regarding calculations of the back wages, the parties are at liberty to make their grievance before the appropriate forum. 9. Rule is accordingly made absolute in above terms. No costs. [ S.V. GANGAPURWALA, J.] KNP/WP 5424.2010 - [ J ]