ORDER Civil Appeal No. 853 of 1999 In view of the decision of this Court in N.T.C. (South Maharashtra) Ltd. Etc. v. Rashtriya Mill Mazdoor Sangh & Ors.1 which is a three Judge Bench decision, this appeal is dismissed. Civil Appeal No. 854 of 1999 2. The question whether the Respondents in this appeal are to be provided employment by the Appellants before us has been set at rest by a decision of three Judge Bench of this Court in N.T.C. (South Maharashtra) Ltd. Etc. v. Rashtriya Mill Mazdoor Sangh & Ors. (supra). But so far as the other question namely, relating to their back wages is concerned, it has been brought to our notice through Exh. H to Writ Petition filed in the Bombay High Court, that even after take over of the Textile Mill under the Undertakings (Taking Over of Management) Act, 1983, the Respondents have received monetary benefit from other group of Tata Companies for the period indicated therein. It is on this basis that it is contended that the Respondents are not entitled to back wages for the whole of the period. This question cannot be investigated in these proceedings. We direct that the question of back wages shall be determined by the Appropriate Authority under the Industrial Disputes Act if an application under Section 33-C(2) of the Act is filed by the Respondents. The claim of the Respondents for back wages will be investigated only for the period for which the Respondents had been received monetary benefit from any other source and had not worked elsewhere. But in any case the Respondents shall be put back to duty and they will be paid their dues regularly every month. The appeal is disposed of finally in the manner indicated. (C.R.) Order accordingly. *************** Parallel Citations of other Journals : National Textile Corporation v. Mumbai Textile Techniclans & Officers Assn. & Ors., 2000(6) Supreme 350 : 2000 (7) JT 427 : 2000 (86) FLR 675 : 2000 (4) SLR 468 : 2000 (2) LLJ 536 : 2000 (30 LLN 532 : 20000 ILR 1145 : 2000 Lab. I.C. 3345 00024