The Court : Heard the learned Advocates appearing for the parties.

2. The two appeals are taken up for analogous hearing. Assailing the judgment and order dated 19th June, 2009 passed by the learned Trial Judge in W.P. No. 2458 of 2003, two appeals have been preferred, one by the writ petitioner seeking relief as to why petitioner would not be entitled to 100% back wages and another appeal, employer Coal India Ltd. which is assailing the portion of the judgment and order of reinstatement and also grant of back wages and cost. Learned Trial Judge set aside and quashed the order of dismissal from service followed by a departmental proceedings on giving proper opportunity of hearing to the delinquent on the reasoning that the charge of impersonation was not proved by producing material witnesses and thereby directed writ petitioners reinstatement in service with 50% back wages for the period spent under dismissal and learned Trial Judge also imposed cost of Rs. 10,000/-. During pendency of appeal, the appellant complied with the order of the learned Trial Judge by allowing reinstatement in service, hence did not press the portion of judgment and order on that issue but proceed