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CA/13336/2009 3/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 13336 of 2009
In
SPECIAL
CIVIL APPLICATION No. 11157 of 2008
With
CIVIL
APPLICATION No. 13338 of 2009
In
SPECIAL
CIVIL APPLICATION No. 7593 of 2008
=====================================
MALTIBEN
JAYANTILAL UTERIA
Versus
ORBIT
BEARINGS INDIA LTD.
======================================
Appearance :
MR
KISHOR M PAUL for Applicants
MR PS GOGIA for
Opponent
======================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 11/03/2010
ORAL
COMMON ORDER
1 Heard
learned Advocate Mr. Kishor M. Paul, appearing on behalf of the
applicants and learned Advocate Mr. P.S. Gogia, appearing on behalf
of the Opponent. In main matters, being Special Civil Application
No. 7593 of 2008 with Special Civil Application No. 11156 of 2008
with Special Civil Application No. 11157 of 2008, this Court has
passed a Common Order dated 11th of May, 2009, which is
quoted as under :
Heard
Mr. Gogia learned advocate for the petitioner and Mr. Paul learned
advocate for the respondent.
Considering
the observations made and recorded in the impugned and considering
the submissions made by both the sides, the petition requires
consideration.
Hence,
Rule. Mr. Paul learned advocate waives service of notice of
Rule on behalf of the respondent. By way of interim relief it is
directed that the operation of the impugned award shall remain
stayed on condition that the petitioner shall comply with the
requirements under Section 17-B of the Industrial Disputes Act,
1947.
It
deserves to be mentioned that the petitioner had offered Rs.
40,000/- to each of the workmen as lumpsum amount for final
settlement.
2 The
Labour Court, Rajkot, has granted reinstatement in favour of the
workmen with 25% back wages in each award, which is challenged in
the writ petitions. This Court had passed a common order on 11th
of May, 2009 in all the three Special Civil Applications where
reinstatement oder has been stayed on condition that the
petitioner shall comply with the requirement under Section 17-B of
the I.D. Act, 1947. Learned Advocate Mr. Paul submitted that
unemployment affidavit has been filed by each respondent workman
before this court in all the three petitions that the workmen are
unemployed and are not gainfully employed and, therefore, the
workmen are entitled to get last drawn wages from the date of
Award, but that amount is not paid by petitioner establishment.
Therefore, the present applications are filed with a prayer to grant
last drawn wage in favour of the workmen for compliance of condition
incorporated by this Court in Order dated 11th of May,
2009. On behalf of the Opponent i.e. original petitioner learned
Advocate Mr. Gogia submitted that the main matters may be proceeded
first and petitioner is prepared to comply with the provisions of
Section 17-B of the I.D. Act, 1947.
3 It
is very difficult to decide all the three petitions because
number of old matters are in queue. Therefore, this Court can fix
these three matters for final hearing in the month of April, 2010.
There is no counter affidavit filed by the petitioner against the
affidavit of the workmen which is filed under Section 17-B of the
I.D. Act, 1947.
4 Therefore,
in view of this, the mandatory provision must have to be complied
with by the petitioner by paying last drawn wages to the opponents
workmen from the date of Award i.e. 31.12.2007.
5 Learned
Advocate Mr. Paul for the applicants submitted that two
applications are filed by workmen, but one workman has not filed
application, is also entitled to get the last drawn wages from the
opponent petitioner. Therefore, requested to this Court to pass
common order which includes the workman who has not filed the Civil
Application.
6 Therefore,
in view of the above, it is directed the opponent petitioner
M/s Orbit Bearings India Limited, to pay last drawn wages to each
respondent workman, namely, (i) Smt. Maltiben Jayantilal Uteriya;
(ii) Smt. Shilaben Natvarlal Makwana and, (iii) Smt. Shardaben
Punjabhai Ghedia, w.e.f. 31st of December, 2007 till
31st of March, 2010 within a period of one month from the
date of receiving a copy of the present order. Thereafter it is
further directed to the opponent petitioner to pay regularly
the last drawn wages to all the three concerned workmen, as referred
to above.
7 Upon
the request made by learned Advocate Mr. Gogia, all the three
Special Civil Application Nos. 7593 of 2008, 11156 of 2008 and 11157
of 2008, are fixed for final hearing on 23rd of April,
2010. Registry is directed to notify the aforesaid matters for
final hearing on Admission Board.
8
In view of the aforesaid observations and directions passed by this
Court, Civil Application No. 13336 of 2009 and 13338 of 2009 are
accordingly disposed of.
9 It
is made clear that for the same relief, if the workmen have filed
Recovery Applications before the Labour Court, Rajkot, claiming
the last drawn wages from the date of award, then, those Recovery
Applications are required to be disposed of by the Labour Court,
Rajkot, because of the order passed by this Court in the present
two Civil Applications in favour of three workmen. However, it is
also open for the opponent petitioner to reinstate the opponents
workmen, but before that, the opponent petitioner must
have to comply with the order passed by this Court today.
(H.
K. RATHOD, J.)
pnnair
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