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SCA/11944/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11944 of 2009
=========================================================
OMEGA
ELEVATORS - Petitioner(s)
Versus
PARMAR
RAMESHKUMAR M - Respondent(s)
=========================================================
Appearance
:
MR
DIPAK R DAVE for
Petitioner(s) : 1,
MR DG SHUKLA for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 07/05/2010
ORAL
ORDER
Learned
Advocate Mr. Dipak R. Dave for petitioner has submitted that in this
petition, award of reinstatement with 25 per cent back wages is
challenged by petitioner. After issuing notice by this court to
respondent, affidavit of unemployment is not filed by workman,
therefore, it is submitted by learned advocate Mr. Dave that let
affidavit of unemployment under section 17B of ID Act, 1947 is
required to be filed by respondent workman. Learned Advocate Mr.DG
Shukla for respondent workman has submitted that respondent will
file affidavit under section 17B of ID Act, 1947 within period of
one week from today.
In
light of this back ground, question raised and involved in this
petition would require detailed examination. Hence, Rule. Ad interim
relief in terms of para 6(B) on condition that petitioner shall have
to pay last drawn wages to respondent workman with effect from 6th
February, 2009 till 30th April, 2010 within one month
from date of receiving copy of affidavit of unemployment as required
under section 17B of ID Act, 1947 from respondent and, thereafter,
it is further directed to petitioner to pay regularly last drawn
wages to respondent workman till special civil application is
finally decided by this Court. However, it is made clear by this
court that in case if petitioner is having any material or cogent
evidence to establish before this Court that respondent is gainfully
employed in any establishment and is receiving adequate remuneration
while being employed in establishment, then, it is open for
petitioner to file appropriate application before this Court for
modification of this order. It is clarified that respondent workman
is entitled for last drawn wages under sec. 17B of ID Act, 1947 till
he reaches age of superannuation or final disposal of this petition,
whichever is earlier.
Learned
Advocate Mr. DG Shukla waives notice of rule on behalf of respondent
workman.
(H.K.
Rathod,J.)
Vyas
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