1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO. 134 OF 1995 FROM WRIT PETITION NO.4234 OF 1994 Shri Gangadhar Balgopal Nair ...Appellant V/s. M/s. Voltas Limited Thane, & Anr. ..Respondents ---- Mr. Y.M.Pendse for the appellant. Mr.K.M.Naik i/by M/s.Salgaonkar & Co. for respondent no.1 ---- Coram : D.K.Deshmukh & R.S.Mohite,JJ Date : 25th June, 2009. P.C. 1. By consent of parties, the appeal is disposed of in the following terms :- 2. The order of the learned single Judge dated 7.7.2005 passed in Writ Petition No. 4234 of 1994 is set aside. The order of the Industrial Court dated 7.9.1994 only to the extent that it holds that the appellant is entitled to full back wages is set aside. 3. The proceedings are remitted back to the Industrial Court for deciding following questions :- 1. Whether in view of the order of the Industrial Court which remained in force the appellant is entitled to back wages. In case the Industrial Court comes to the conclusion that the appellant is entitled to back wages the Industrial Court shall also 2 determine the amount of back wages. 2. The respondent shall pay to the appellant an amount of Rs.66,000/- within a period of four weeks from today. In case the Industrial Court holds that the appellant is entitled to back wages then the amount of Rs.66,000/- being paid, shall be taken into consideration and adjusted. Similarly, other amounts that might have been paid previously on that account, shall also be taken into consideration. On the contrary, in case Industrial Court comes to the conclusion that the appellant is not entitled to any amount of back wages, the Industrial Court shall not make any order for refund of the amount of Rs.66,000/- which is being paid by the respondent to the appellant. All contentions available to both the parties on the question of entitlement of back wages of the appellant are kept open, to be raised before the Industrial Court. Industrial Court shall permit the parties to lead evidence both, oral and documentary. (D.K.DESHMUKH,J) ( R.S.MOHITE, J. ) 3