1. This D.B.Special Appeal (Writ), reported to be beyond limitation of 41 days, arises out of the order passed by the learned Single Judge, disposing of the application under section 17-B of the Industrial Disputes Act, 1947 (for short, `Act of 1947').

2. It is submitted by Mr. M.P.Sharma, appearing on behalf of appellants-Bank, that the order of the learned Single Judge suffers from error of law, inasmuch as, the workman was gainfully employed during the period, for which, back wages were directed to be paid to him, during the pendency of the writ petition against the award.

3. The delay has been sufficiently explained and is, accordingly, condoned. The application for condonation of delay is allowed.

4. We have heard the parties, appearing in person, and do not find any error of law in the order of the learned Single Judge, disposing of the application under section 17-B of the Act of 1947. The appellants could not prove that the respondent-workman was engaged in any gainful employment. The deposits of the sum of Rs. 200/-, Rs. 500/-, Rs. 1,000/- and Rs. 2,500/- in the Bank Account by the workman, as stated by him by selling tea in the tea stall and running a grocery shop d