IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 3596 of 2001
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GUJARAT HARIJAN SEVAK SANGH
Versus
SOLANKI CHAGANBHAI KARSANBHAI
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Appearance:
1. Special Civil Application No. 3596 of 2001
MR GM JOSHI for Petitioner No. 1
MR TR MISHRA for Respondent No. 1
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CORAM : MR.JUSTICE H.K.RATHOD
Date of Order: 03/05/2003
ORAL ORDER
Heard learned advcoate Mr.T.R.Mishra appearing on
behalf of the respondent workman.
The petitioner has challenged the award passed by
the Labour Court, Ahmedabad in Reference No.255/94 dated
23rd March, 2000 wherein termination order has been set
aside by the labour court while granting reinstatement
with continuity of service with 50 % backwages of the
interim period. This Court has issued Rule and granted
ad-interim relief till final disposal of the matter
subject to compliance of Section 17-B of the I.D.Act with
effect from 14th October, 2002. Learned advocate
Mr.Mishra has submitted that affidavit which required
under Section 17-B of the I.D.Act has already been filed
by the respondent workman on 17th October, 2002 and a
copy thereof has been served on the learned advocate
appearing on behalf of the petitioner but despite of
this, there is no counter filed by the petitioner. He
also submitted that there is no challenge to the
averments made in the affidavit filed by the workman upto
17th October, 2002. In the said affidavit, it is made
clear that the workman remained unemployed and not able
to secure any alternative employment. He also made clear
that as and when he will get job, he will inform to this
Court. Thus, it is clear that on account of grant of
ad-interim relief by this Court, which resulted into
staying reinstatement awarded by the labour court and
therefore, the workman is entitled to benefits under
Section 17-B of the I.D.Act. The respondent workman has
filed the affidavit which has not been challenged by the
petitioner and therefore, according to my opinion, the
respondent workman is entitled to last drawn monthly
wages inclusive of maintenance allowance if any with
effect from 23rd March, 2000. Therefore, it is directed
to the petitioner to pay the last drawn monthly wages
inclusive of monthly wages if any to the workman with
effect from 23rd March, 2000 till 30th April, 2003 within
period of six weeks from the date of receiving a copy of
this order. It is further directed to the petitioner to
pay to the respondent workman regularly the last drawn
monthly wages inclusive of maintenance allowance if any
during pendency of the petition till final disposal.
In view of above observations and direction, the
ad-inteirm relief granted in the present petition is
confirmed till final disposal of the main petition.
Date : 3-5-2003[ H.K.Rathod, J.]
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