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CA/6669/2005 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 6669 of 2005
In
SPECIAL
CIVIL APPLICATION No. 911 of 2003
==============================================================
VALLABHBHAI
PREMABHAI GOHIL - Petitioner(s)
Versus
DIVISIONAL
CONTROLLER G.S.R.T.C. - Respondent(s)
==============================================================
Appearance
:
MR
GK RATHOD for
Petitioner(s) : 1,
MS MONALI H BHATT for Respondent(s) :
1,
==================================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 26/09/2005
ORAL
ORDER
This
Civil Application has been filed by the applicant-workman seeking
benefits under section 17-B of the Industrial Disputes Act. Along
with Civil Application, the applicant has filed an affidavit stating
that he is not employed. The Gujarat State Road Transport
Corporation-employer has filed the affidavit contending inter-alia
that the workman has two auto-rickshaws through which he earns
approximately Rs. 1200/- to Rs.1400/- per month. It is however, the
case of the applicant that these Rickshaws are very old and
currently he is earning no income through them. In a Division Bench
decision in the case of Bhanulal Khimjibhai Solanki v/s. Deputy
Executive Engineer reported in 2005(8) GHJ 41, Division Bench of
this High Court has held that for the purpose of Section 17-B of the
Industrial Disputes Act any source of earning through
self-employment without any employment in any establishment is to be
ignored. In the present case therefore, the applicant is admittedly
not employed in any establishment. His application for claiming
benefits under section 17-B of the Industrial Disputes Act cannot be
rejected.
Considering
the facts arising in the present case, the Civil Application is
allowed. The opponent shall pay to the applicants benefits under
section 17-B of the Industrial Disputes Act from the date of the
application. The main matter Special Civil Application No. 911/2003
be placed for final hearing on 5th October, 2005.. The
arrears of section 17-B benefits shall be paid within a period of
one month from the date of receipt of a copy of this order. Civil
Application disposed of accordingly.
(Akil
Kureshi,J.)
(raghu)
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