1. M.P. No.1 of 2008 is filed for payment of wages to the petitioner/workman under Section 17B of the Industrial Disputes Act, 1947, with effect from 6. 2006.

2. In the main writ petition, the first respondent/Southern Railway challenged the award of the labour Court dated 6. 2006 ordering reinstatement with all attendant benefits and 50% of backwages.

3. The writ petition was filed by the first respondent management on 16. 2007 i.e., after 8 period of one year and two months. This court granted interim stay on 28. 2007. As such petitioner is not reinstated in service till date.

4. In the affidavit filed in support of this direction petition, petitioner/workman has specifically stated that from 312. 2003 he is out of employment and is suffering due to economic bardahips and his last drawn wages was Rs. 4,910/- and towards 50% backwages from 12. 2004 till November, 2007 works out to Rs. 1,40,190.45.

5. The first respondent has not filed any counter affidavit controverting the statements made in the affidavit filed by the petitioner/workman. Hence I am treating the statement contained in the affidavit i.e. petitioner/workman is out of employment from 312. 2003 as valid as