SCA/4388/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 4388 of 2008 ========================================================= THR NOBLE SECURITY & DETECTIVESERVICE PVT. LTD. - Petitioner Versus VALJIBHAI RAMJIBHAI DESAI & 6 - Respondents ========================================================= Appearance : MR PRABHAKAR UPADYAY for Petitioner: 1, NOTICE NOT RECD BACK for Respondent : 1, MR P C CHAUDHARI for Respondents : 2 - 4. NOTICE SERVED for Respondents : 5 - 7. ========================================================= CORAM : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 17/09/2008 ORAL ORDER
Heard
Shri Upadyay, learned counsel for the petitioner and Shri Chaudhari,
learned counsel for respondent Nos. 2 to 4.
Shri
Upadyay, learned counsel submitted that case of the employer was
that it was abundant of service on the part of the workmen and
therefore, no back wages ought to have been awarded. Shri Upadyay
has fairly submitted that employer is ready and willing to reinstate
the workmen and this submission is made under the instructions of
the petitioner.
Shri
Chaudhari, learned counsel for respondent Nos. 2 to 4 submits that
the workmen are also ready and willing to perform their duties.
However, employer petitioner is making conditions whereunder it can
be said that there is device to keep them away from earning their
regular wages. The uniform, which was otherwise provided by the
employer in earlier time, has not been given and employer insisted
that the stitching expenses will be born by the workmen. He further
submitted that the award has became effective since long at least
from 26.9.2006 and till today, the workmen have not seen the fruit
of the litigation. The workmen are at least entitled to receive
their regular wages from the date of award became effective till
they are reinstated.
In
view of this, let there be a Rule
returnable on 24.11.2008. Mr. Chaudhari, learned counsel waives
service of Rule on behalf of respondent Nos. 2 to 4. The workmens’
grievance with regard to non-receipt of any amount and
non-compliance of provisions of Section 17-B also deserves to be
taken into consideration. The petitioner is directed to reinstate
the workmen. As the workmen are reinstated, there is no question of
staying the entire award. Hence, award is stayed qua back wages.
Liberty is granted to the workmen to approach this Court in case of
difficulty with appropriate application to other side.
(S.R.BRAHMBHATT,
J.)
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