JUDGMENT : 1. Though, this appeal has been filed after a delay of 47 days and the interlocutory application has been filed for condonation of this delay, but in the facts of this case, we dispose of the present appeal on the limited ground. 2. Though, the appellant succeeded before the Industrial Tribunal-II, Dhanbad, in Reference Case No. 40 of 2002, whereby his dismissal from service was set aside, and he was directed to be reinstated in service with all consequential benefits, but his back wages were denied to him. 3. It is stated in the memo of appeal that during the period, the appellant was suffering punishment of dismissal from service, from the year 2000 to 2010, he was not gainfully employed elsewhere, but it is admitted by learned senior counsel for the appellant, that this fact was neither stated before the Industrial Tribunal, nor before the Writ Court. 4. Consequently, the Writ Court dismissed the writ application of the petitioner, finding no fault in the Award, passed by the Industrial Tribunal, since the fact whether the appellant was gainfully employed or not during the period, he was out from service, was not stated before the Industrial Tribunal or the Writ Court. 5. In the facts of this case, we dispose of this LPA with the liberty to the petitioner to raise this point afresh before the Appropriate Government, for a reference before the Industrial Tribunal, on this point, so far as his back wages are concerned, which shall be considered in accordance with law. 6. This letters patent appeal is, accordingly, disposed of with the liberty as above. 7. I.A. No. 7493 of 2019 also stands disposed of.