IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION No 3016 of 2003
in
SPECIAL CIVIL APPLICATIONNo 11152 of 2002
--------------------------------------------------------------
VAJESINGH KOHYABHAI DABHI
Versus
G.S.R.T.C. AHMEDABAD DIVISION
--------------------------------------------------------------
Appearance:
1. Civil Application No. 3016 of 2003
MR ND SONGARA for Petitioner No. 1
MR ASHISH M DAGLI for Respondent No. 1
--------------------------------------------------------------
CORAM : MR.JUSTICE H.K.RATHOD
Date of Order: 02/05/2003
ORAL ORDER
Heard learned advocate Mr.N.D.Songara appearing
on behalf of the applicant – original respondent and
learned advocate Mr.A.M.Dagali on behalf of the
respondent – original petitioner.
The original petitioner has challenged the award
passed by the Labour Court in Reference No.1319 / 1999
dated 5th April, 2002 wherein the labour court has
granted reinstatement with continuity of service without
backwages of the interim period and also awarded
punishment of stoppage of two increments with permanent
effect. In the main petition, this Court has passed the
order on 29th October, 2002 issued Rule and granted
ad-interim relief in terms of Para-7[C] of the prayer
clause, meaning thereby, stayed the operation of the
award impugned and thereby stayed reinstatement of the
workman concerned and therefore, civil application
No.1209 / 2003 preferred by the original respondent
workman with prayer to grant relief under Section 17-B of
the I.D.Act but as such, this Court was not inclined to
pass any order in that civil application in this behalf
and therefore, this civil application is filed with two
prayers, first, to vacate the ad-interim relief granted
by this Court or alterantively, to direct the opponent
Corporation to pay the wages last drawn as provided under
Section 17-B of the I.D.Act.
It may be noted that the workman concerned has
specifically averred that that he is unemployed and not
gainfully employed during the interim period. The
workman has also stated that he is not employed in any
establishment and not receiving adequate remuneration
from the employer. He, however, made it clear that in
the affidavit, unemployment is shown from the date of the
award.
Learned advocate Mr.A.M.Dagali for the petitioner
Corporation has submitted that today is the first date of
hearing and the copy of this civil application is
received yesterday only and therefore, the original
petitioner needs some time to make inquiry as to gainful
employment of the workman.
This Court has considered the request made by the
learned advocate Mr.Dagali on behalf of the petitioner
corporation. In my opinion, once stay has been granted
by this Court staying operation of the award granting
reinstatement, the workman is entitled to benefits under
Section 17-B of the I.D.Act, 1947. It may also be
appreciated that the affidavit has already been filed by
the workman before this Court and a copy thereof has been
served on the other side. Therefore, at this stage, the
workman is entitled to benefits under Section 17-B of the
I.D.Act. However, this Court is inclined to grant
liberty to the petitioner Corporation to the effect that
in case if the petitioner Corporation finds any material
to satisfy this Court that the workman has been employed
in any establishment and receiving adequate remuneration
from the employer, in that case, it will be open to the
petitioner to file necessary application for modification
of the order that is being passed by this Court. Since
this Court has granted liberty to the petitioner
corporation, there will be no injustice to the petitioner
in case this Court grants benefits under Section 17-B of
the I.D.Act in favour of the respondent workman and
accordingly, the request made by the learned advocate
Mr.Dagali for grant of some time for making necessary
inquiry as to gainful employment of the workman concerned
is not accepted by this Court.
In view of above observations, it is directed to
the petitioner Corporation to pay the last drawn monthly
wages inclusive of maintenance allowance if any so
available to the respondent workman with effect from 5th
April, 2002 till 30th April, 2003 within a period of six
weeks from the date of receiving the copy of this order.
It is further directed to the petitioner to pay regularly
the last drawn monthly wages inclusive of maintenance
allowance if any so available to the respondent workman
during pendency of the main petition till final disposal.
However, it is made clear that in case if the petitioner
Corporation finds any material to satisfy this Court that
the workman has been employed in any establishment and
receiving adequate remuneration from the employer, in
that case, it will be open to the petitioner to file
necessary application for modification of this order.
In view of above observations and directions,
present civil application stands disposed of accordingly.
No order as to costs.
Direct Service permitted.
Date : 2-5-2003[ H.K.Rathod, J.]
#kailash#