MC 563/2010 BEFORE HON’BLE MR JUSTICE AC UPADHYAY This is an application under Section 17 B of the Industrial Disputes Act , 1947 for payment of last monthly wages drawn by the applicants and also for de posit of awarded 50% back wages. Heard Mr A Dasgupta, learned counsel for the applicants and Mr L.P.Shama , learned counsel for the opposite party-writ petitioner. The applicants were the workmen party respondents in Reference Case No.1 1/2007, which was referred to the learned Labour Court Assam at Guwahati by the Government of Assam vide Notification dated 16.06.2007 to determine that; (i) W hether the dismissal of Sri Kailash Prakash Munda, Sri Badri Choudhury and Manin dra Dey Sarma by the management of Simlitola Tea Estate is justified ? and (ii) If yes, are they entitled to reinstate with full back wages ? The learned Labour Court vide its judgment and award dated 05.10.2009 di rected the Management of Simlitola Tea Estate to reinstate the services of the a pplicants with 50% back wages in their establishment as their dismissal from ser vice was without notice and without conducting any enquiry. This Court while issuing notice in WP( C) No.5951 of 2009, upon hearing the learned counsels for both the sides, stayed the operation of the impugned ju dgment and award dated 05.10.2009 passed by the learned Labour Court in Referenc e Case No.11 of 2007 by imposing a condition that the workmen involved shall be paid their last salaries drawn, which will again subject to furnishing necessar y affidavits regarding unemployment under Section 17 B of the Industrial Dispute s Act, 1947. The applicants have submitted a formal affidavit stating that they have not got any gainful employment till date. In view of the statements made in the affidavit by the applicants, the M anagement of Simlitola Tea Estate is required to pay the last salaries drawn by the applicants. Accordingly, as prayed for by the learned counsel for the applic ants, the Misc case is allowed by directing the Management of Simlitola Tea Esta te -writ petitioner to pay the last salaries drawn by the applicants inclusive any maintenance allowance admissible to them under the rules. With the above directions, this Misc. case is disposed of.