M.K. Rathod J.—Heard learned Advocate Mr. Rajesh P. Mankad for the workman and Mr. K.M. Patel with Mr. A.R. Majmudar for the employer. In both the petitions, one and the same award passed by the Labour Court, Baroda in Reference No. 263 of 1984 dated 17.01.1995 is challenged. The workman filed Special Civil Application No. 1254 of 1996 against denial of 50% back wages. By filing Special Civil Application No. 5412 of 1995, the employer has challenged the said award of reinstatement with 50 per cent back wages for intervening period, dated 17.01.1995 wherein this Court (Coram: Hon’ble Mr. Justice M.R. Calla) has passed following order on 26.09.1995:

“Mr. P.B. Majmudar for the petitioner. No one appears for the respondent despite service.

Rule. It is submitted by Mr. Majmudar that in pursuance of the Award by the Labour Court, respondent workman was reinstated. He came for few days and has again fled away. It is also submitted that the respondent workman is engaged in his own business. In such circumstances, no orders are necessary to be passed unless the respondent workman takes up any proceedings for recovery of back wages or for enforcing to work again with the petitioner. It