DIVISIONAL CONTROLLER Vs. MIRZA ARSHAD MAZAHAR BAIG

JUDGEMENT

(1.) The appellant before us is the original petitioner in Writ Petition No. 4738/2003, which had been filed by the appellant challenging the judgment of the Industrial Court dismissing the revision filed by the appellant and thereby confirming the order passed by the Labour court directing reinstatement of the respondent with backwages.

(2.) Learned Single Judge, after hearing learned counsel representing the appellant and the respondent, granted Rule, but declined to grant interim stay to the order of the court below in respect of payment of backwages. The appellant, being aggrieved by the order of learned Single Judge declining to grant stay to the order of payment of backwages, has filed the present Letters Patent Appeal.

(3.) During pendency of this Letters Patent Appeal the Division Bench by order dated 21.07.2005 had directed the appellant to deposit 50% of the backwages. In pursuance to the said order, the appellant deposited Rs. 5,62,572/- comprising of 50% of the backwages payable to the respondent. The record of the LPA further discloses that the respondent had withdrawn the aforesaid amount deposited by the appellant. The Writ Petition is of the year 2003 and is said to be still pending. Since the respondent/workman has received 50% of the backwages, according to us, it would be appropriate that the order of interim stay in respect of the remaining 50% of the backwages, is passed in favour of the appellant.