BAKTHAVATSALAM, J.

( 1 ) RESPONDENT No. 1 has preferred a writ petition against the order of the II Addl. Labour Court, bangalore under which the Labour Court has passed an award setting aside the order of termination passed against the appellant and ordering reinstatement with continuity of service with other consequential benefits apart from granting backwages at 40% from the date of termination till the date of reinstatement. In that writ petition R-1 worker has filed. A. I under section 17b of the Industrial Disputes Act ('. D. Act' for short ). In that application the workman has specifically pleaded that he has not been gainfully employed and has no source of income to sustain himself. The learned single Judge has heard. A.. for direction and ordered. A. I in favour of Rule 1. However, while ordering the application under Section 17b of the. D. Act, the learned single Judge had made it a conditional order asking the respondent-worker to file an undertaking to this Court that in case the award is finally set aside by this Court in the writ petition, the benefit, if any, derived by the worker in terms of the order and the provisions of section 17b of the. D. Act shall be reimb

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