( 1 ) HEARD learned Counsel for the petitioner Sri Ranjit Saxena and learned Counsel for the respondent workman Sri Shyam Narain at length.

( 2 ) THE present writ petition has been filed against an award of the Labour court dated 8. 7. 1991 published on 30. 9. 1991 in adjudication case no. 10 of 1991, by which the respondent workman has been reinstated with back wages. The writ petition was filed by the petitioner and an interim order was passed on 28. 1. 1992, which is quoted hereinbelow: issue notice. Meanwhile the payment of back wages till the date of award are hereby stayed.

( 3 ) INTERIM order passed on 28. 1. 1992 was discharged by way of order dated 9. 9. 2002. Thereafter a recovery was issued against the petitioner and the petitioner obtained a stay of the recovery of this Court on 28. 4. 2005.

( 4 ) DURING the interregnum i. e. between the period 22. 2. 2003 to 4. 8. 2004 the respondent workman worked again. This is stated in the supplementary counter affidavit dated 4/6. 4. 2005 to which no reply has been filed by the petitioner. Therefore it is admitted to parties that the respondent workman had worked between the period from 22. 2. 2003 to 4. 8. 2004.