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CA/13507/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 13507 of 2010
In
SPECIAL
CIVIL APPLICATION No. 2119 of 2010
=========================================================
NILESH
ARVINDBHAI VYAS - Petitioner(s)
Versus
SUPERINTENDING
ENGINEER - Respondent(s)
=========================================================
Appearance
:
MR
TR MISHRA for
Petitioner(s) : 1,
MS MAYA S DESAI for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 30/11/2010
ORAL ORDER
The applicant –
ori. respondent has filed this application seeking direction to the
opponent – ori. petitioner to reinstate the applicant on his
original post with continuity of service or in the alternative to
release the amount of 17B wages every month together with arrears
thereon and further direct the opponent – ori. petitioner to
pay and continue to pay the regular wages every month.
An advance copy of this
application was given to Ms.Maya Desai, learned advocate appearing
for the opponent – ori. petitioner.
Heard Mr.U.T.Mishra,
learned advocate appearing for Mr.T.R.Mishra for the applicant and
Ms.Maya Desai, learned advocate appearing for respondent.
The applicant –
ori. respondent has challenged the award passed by the Labour Court
on 31.12.2008 directing the opponent – ori. petitioner to
reinstate the applicant with continuity of service and without
backwages.
This Court has issued
rule on 5.5.2010 and ad-interim relief in terms of para 15(B) was
granted subject to compliance of Section 17B of the Industrial
Disputes Act, 1947 by the petitioner with effect from 31.12.2008.
The applicant, thereafter, filed an affidavit on 26.6.2010 wherein
he has undertaken that if he is in position to get alternative
employment he shall bring to the notice of this Court. It is further
stated in the said affidavit that he is unemployed and he has not
been able to secure any alternative employment.
Despite the aforesaid
affidavit and despite the conditional stay granted by this Court the
opponent – ori. petitioner has not made payment under Section
17B of the I.D.Act. Ms.Maya Desai, learned advocate appearing for
the opponent – ori. petitioner has made the statement that the
opponent – ori. petitioner shall make payment of Section 17B
to the petitioner – ori. respondent within one month from
today. The payment so made is with effect from 31.12.2008 subject to
the rights of the opponent – ori. petitioner to file an
affidavit-in-reply to lead evidence, if any, showing that the
applicant is gainfully employed.
Subject to the aforesaid
rider the prayer regarding Section 17B payment is hereby granted.
This Civil Application is accordingly allowed.
(K. A. PUJ, J.)
kks
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