ORDER : 1. Heard. 2. By the impugned award dated October 1, 1997, 4th Labour Court has held that the punishment of dismissal accorded to the workman for the misconduct proved was shockingly disproportionate and accordingly directed the employer-Petitioner to reinstate the workman and pay him 70% back wages. 3. The employer has challenged the said award passed by 4th Labour Court on October 1, 1997 in the writ petition and the writ petition has been admitted on January 19,1998. 4. The petitioner prays for stay of the said award dated October 1,1997 passed by the 4th Labour Court during pendency of the writ petition. 5. Workman Respondent No. 1 has filed affidavit in reply and has stated that since 1996 he has taken to making of furniture in cane and earns about Rs. 500/- in some months if he happens to be lucky, and, that he was not gainfully employed anywhere. According to the workman Respondent No. 1 at the time of his illegal termination, he was drawing salary of Rs. 4000/- p.m. and if he had not been illegally terminated he would have been receiving a monthly salary of almost Rs. 7000/-p.m. This fact is seriously disputed by Mr. Rele, the learned counsel for the employer petitioner and according to him at the time of termination of the workman he was drawing wages amounting to Rs. 1950/- p.m. and this fact is clearly mentioned in the award. Mr. Rele, submitted that in lieu of reinstatement of the workman the petitioner would pay wages last drawn by the workman at the time of his termination from the date of the award. 6. Accordingly, during pendency of the writ petition, the following order shall remain operative: (i) The petitioner employer Breach Candy Hospital Research Centre shall pay to the workman Respondent No. 1 Shri Babulal B. Pardeshi wages every month from the date of award at the rate of wages last drawn by him at the time of his termination. The arrears of such wages from the date of award till January 31, 1998 shall be paid to the Respondent No. 1 workman within four weeks from today. The monthly wages of February, 1998 and subsequent months shall be paid to the Respondent No. 1 workman on or before 15ui of each succeeding month. The arrears of such wages from the date of award till January 31, 1998 shall be paid to the Respondent No. 1 workman within four weeks from today. The monthly wages of February, 1998 and subsequent months shall be paid to the Respondent No. 1 workman on or before 15ui of each succeeding month. (ii) The petitioner employer shall deposit half of 70% back wages as awarded by the Labour Court before this Court within four weeks from today and upon such deposit being made by the petitioner, it would be open to the Respondent No. 1 workman to withdraw the said amount after furnishing solvent surety to the satisfaction of Prothonotary and Sr. Master within four weeks therefrom. Incase Respondent No. 1 workman does not withdraw the amount so deposited by the petitioner employer, the Prothonotary and Sr. Master shall invest the said amount in Fixed Deposit in any Nationalised Bank initially for a period of two years, and, be renewed subsequently, if necessary, for a further period of two years. As regards remaining half of the 70% back wages as awarded by the Labour Court, the petitioner employer shall furnish bank guarantee to the satisfaction of the Prothonotary and Sr. Master within four weeks from today. 7. Rule on stay is made absolute in aforesaid terms. Certified copy expedited.