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SCA/3388/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3388 of 2011
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BHAVNAGAR
MUNICIPAL CORPORATION - Petitioner(s)
Versus
RAJUBHAI
PRAVINBHAI PARMAR C/O MUNICIPAL NOKARIYAR MANDAL - Respondent(s)
=========================================================
Appearance :
MR
HS MUNSHAW for
Petitioner(s) : 1,
RULE NOT RECD BACK for Respondent(s) : 1,
MR
YV SHAH for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 30/06/2011
ORAL
ORDER
1. The
Court issued Rule on 09/05/2011 and Notice as to interim relief
returnable today. This Notice was with regard to the
ad-interim-relief which was granted in terms of paragraph No.7(C).
This grant of ad-interim-relief was subject to compliance of Section
17-B of the Industrial Disputes Act, 1947 from the date of the award.
2. The
matter is in a very narrow compass. Ad-interim-relief is already
granted subject to compliance of Section 17-B of the Industrial
Disputes Act, 1947. This will amount to paying of idle wages to the
respondent – workman. This Court is, therefore, directing the
petitioner herein – Bhavnagar Municipal Corporation to provide the
respondent – workman the suitable work while complying the
provisions of Section 17-B of the Industrial Disputes Act, 1947.
2.1 This
order is passed only with a view to avoid the payment of idle wages,
because under Section 17-B of the ID Act, ‘full wages last drawn’ by
the workman is required to be paid to the workman.
3. Taking
into consideration the fact that the workman will be getting only
‘last drawn wages’ under Section 17-B of the ID Act, on a request
made by learned Advocate, Mr.Y V Shah, for respondent, matter is
ordered to be listed for final hearing on 15/11/2011.
(RAVI
R TRIPATHI, J.)
sompura
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