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CA/4862/2010 3/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR DIRECTION No. 4862 of 2010
In
SPECIAL
CIVIL APPLICATION No. 17096 of 2004
=========================================================
IBRAHIMBHAI
HAJIBHAI - Petitioner(s)
Versus
BHAVNAGAR
DISTRICT PANCHAYAT & 1 - Respondent(s)
=========================================================
Appearance
:
MRYOGENNPANDYA
for
Petitioner(s) : 1,
MR HS MUNSHAW for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 04/05/2010
ORAL
ORDER
Present
Civil application is preferred by workman with a prayer to grant
last drawn wages from the date of award in favour of present
applicant as applicant has remained unemployed from the date of
award. He has also submitted that he is not doing any business and
not receiving any adequate remuneration.
Special
Civil Application No.17096 of 2004 has been filed by Bhavnagar
District Panchayat wherein award passed by learned Labour Court,
Bhavnagar in Reference (LCB) No.425 of 1989 to 430 of 1989 and 476
of 1989 to 479 of 1989 were challenged. Present workman’s references
was reference (LCB) No.479 of 1989, which was one of eight
references, where common award was passed by learned Labour Court on
06.07.2004 and learned Labour Court has granted reinstatement in
service and awarded lumpsum amount of Rs.3000/- in view of
backwages.
On
30.12.2004, this Court, while issuing Rule, granted ad-interim
relief in terms of Para-6(C). It is specifically prayed in Para-6(C)
to stay implementation, execution and operation of award passed by
learned Labour Court, Bhavnagar on 06.07.2004.
Learned
advocate Mr.Yogen pandya appearing on behalf of present applicant
submitted that present applicant did not filed any affidavit on oath
before this Court for not doing any gainful employment. Therefore,
he seeks last drawn wages as per provisions of 17-B of Industrial
Disputes Act, 1947. In this application, specific averments has been
made that he is not doing any business and not receiving any
adequate remuneration from the date of termination. No counter
affidavit is filed by original petitioner.
In
light of this background, this Court has passed the order on
30.12.2004 and granted stay against reinstatement without any
condition. It is a duty of employer to comply the provisions of
Section 17-B of the Industrial Disputes Act, 1947, when stay has
been obtained against reinstatement. However, because of common
award passed by learned Labour Court, Bhavnagar in common References
was addressed to Union and therefore, workman was not able to get
information about the order passed by learned Labour Court and this
Court in Special Civil Application No.17096 of 2004.
According
to my opinion, workman is entitled for last drawn wages. It is
directed to original petitioner to pay last drawn wages from the
date of award i.e. 06.07.2004 to 30.04.2010 within a period 1(One)
month from the date of receiving a copy of this order. It is further
directed to petitioner to pay last drawn wages regularly till
Special Civil Application is finally decided by this Court.
However,
it is made clear by this Court that in case if, original petitioner
is having any material or cogent evidence to establish the fact
before this Court that workman is gainfully employed in any
establishment and receiving adequate remuneration then, it is open
for the petitioner to file such application before this Court for
modification of present order.
In
view of aforesaid observations and directions, present application
is disposed of.
Ad-interim
relief granted on 30.12.2004 is confirmed till the Special Civil
Application is finally decided by this Court.
(H.K.RATHOD,
J.)
..mitesh..
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