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CA/3086/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 3086 of 2010
In
SPECIAL
CIVIL APPLICATION No. 3339 of 2009
=========================================================
HARSHADBHAI
B TRIVEDI C/O BHARTIYA MAZDOOR SANGH - Petitioner(s)
Versus
GUJARAT
ELECTRICITY BOARD NOW KNOWN AS PASCHIM GUJARAT VIJ - Respondent(s)
=========================================================
Appearance
:
MR
TR MISHRA for
Petitioner(s) : 1,
MR SP HASURKAR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 30/03/2010
ORAL
ORDER
1. Heard
learned advocate Mr.T.R.Mishra for applicant and learned advocate
Mr.S.P.Hasurkar for opponent original petitioner.
2. Present
application is preferred by applicant with a prayer to grant benefit
under Section 17B of the I.D.Act,1947 from date of award, because in
SCA No.3339 of 2009, this Court has granted stay against the
reinstatement of award passed by Labour Court, by order dated
14.7.2009.
3. The
order passed by this Court in SCA No.3339 of 2009 dated 14.7.2009 is
quoted as under :
Rule
returnable on 29.07.2009. By way of interim relief, the award
impugned shall remain stayed. As both the advocates have been ready
with the matter for final disposal, the question of granting 17-B
wages at this stage is differed.
4. The
Labour Court has, in Reference No.83 of 1996 passed an award
directing reinstatement of petitioner with 20% back wages. The said
award was passed on 14.7.2008 which has been challenged by original
petitioner before this Court. The matter has not been decided because
of shortage of time and therefore, present application is filed with
a prayer to grant benefit under Section 17B of the I.D.Act,1947.
5. The
affidavit of unemployment is filed by applicant on 29.7.2009 and copy
thereof is served to other side, even though no counter is filed by
original petitioner. It is not the case of original petitioner that
workman is gainfully employed from date of award.
6. In
light of this background, when the main SCA is not decided within
short time and the benefit of Section 17B of the I.D.Act,1947 is
deferred by this Court, is required to be re-considered by this Court
and accordingly, it is also not possible now to decide the main SCA
filed by original petitioner in near future, therefore, it is
directed to original petitioner present opponent to pay last
drawn wages to present applicant workman w.e.f. 14.7.2008 till
31.3.2010, within a period of one month from date of receiving copy
of present order. Thereafter, it is further directed to original
petitioner to pay regularly last drawn wages to workman till main SCA
is finally decided by this Court.
7. It
is kept open for original petitioner to file necessary application
for modification of this order, in case if the original petitioner is
having any material to establish before this Court that applicant
workman is gainfully employed and on the Court being satisfied, this
Court will re-consider the matter in light of material which will be
placed by original petitioner.
8. In
view of above observations and directions, present application is
disposed of.
(H.K.RATHOD,J.)
(vipul)
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