JUDGMENT

D.P.MOHAPATRA, J.

(1) LEAVE granted.

(2) HEARD Mr. L. Nageswara Rao, learned senior counsel appearing for the appellant and Mr. S. Ram Babu, learned counsel appearing for the respondent.

(3) BY the order passed on 2/02/2001 notice was issued to the respondent limited to the question of backwages. We have heard learned counsel for the parties on the question. The respondent was engaged as a man mazdoor in the appellants establishment in December, 1978. His service was terminated in September, 1978. The proceeding in the labour court to resolve the dispute relating to validity of the order of termination was instituted in 1987. In May 1990 the labour court declined to order reinstatement in service but directed differential wages at the rate of Rs. 305 per month to be paid to the respondent. The said order was challenged by the respondent before the High Court. The HighCourt remanded the matter to the labour court in May 1997 to examine the question whether another workman in similar circumstances had been reinstated with backwages by the appellant. Considering the said question, the labour court passed the award dated 13/08/1997 directing