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CA/4792/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR DIRECTION No. 4792 of 2010
In
CIVIL
APPLICATION No. 12009 of 2008
In
SPECIAL CIVIL APPLICATION No. 9521 of 2008
=========================================================
BHAVNABEN
BHARATKUMAR PANCHAL - Petitioner(s)
Versus
RAJASTAN
HOSPITAL - Respondent(s)
=========================================================
Appearance
:
MR
SHAILESH C SHARMA for
Petitioner(s) : 1,
MR PY DIVYESHVAR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 03/05/2010
ORAL
ORDER
Heard
learned advocate Mr.Shailesh Sharma on behalf of applicant and
learned advocate Mr.P.Y.Divyeshvar on behalf of opponent.
In
present application prayer is made by applicant to direct the
original petitioner to pay minimum wages under Section 17-B of the
Industrial disputes Act, 1947. This Court cannot grant any higher
wages while deciding the application under Section 17-B of the
Industrial Disputes Act, 1947. However, this Court can certainly
consider it whether to grant higher wages or not but, this is not a
case in this Court. In the letter dated 20.04.2009 from Rajasthan
Hospital addressed to Bhavnaben B. Panchal, following averments are
made :-
As
per High Court decision in Special Civil Application No.9521 of
2008, in view of Sec. 17B of FDAct 1947, we are required to pay you
the last salary drawn at the time of quitting service. According to
which we had requested you vide our letter
No.GRMI/HC/9521/08/115/2009 dated 16/04/09 to collect the cheques
being payment of salary for the months of January, February &
March 2009. You have, however, not collected the cheques so far. As
such the cheques of ICICI Bank Ltd., Shahibaugh, Ahmedabad as
detailed below are sent herewith:
(1) Cheque
No.395372 dated 31/12/08 December 08 Rs.1,550/-
(2) Cheque
No.396257 dated 06/03/09 Addition Rs.1,000/-
(3) Cheque
No.395986 dated 20/02/09 January 09 Rs.1,750/-
(4) Cheque
No.396391 dated 04/03/09 February 09 Rs.1,750/-
(5) Cheque
No.421442 dated 07/04/09 March 09 Rs.1,750/-
After
reading aforesaid letter impression coming out is that cheque were
ready for payment to the original petitioner, but, same is not
collected by the petitioner. Therefore, it is directed to original
petitioner to pay last drawn wages to present applicant from the
date of award till 30.04.2010. After deducting whatever amount is
paid, remaining amount is to be paid within a period of 1(One) month
from the date of receiving a copy of this order.
In
view of aforesaid observations and directions, present application
is disposed of.
After
the above order is passed by this Court, Mr.Shailesh Sharma wants to
withdraw this Civil Application. Hence, Civil Application is
disposed of as withdrawn.
(H.K.RATHOD,
J.)
..mitesh..
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