SCA/7609/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 7609 of 2008 ========================================================= ICPA HEALTH PRODUCTS LTD. - Petitioner(s) Versus D J CHAUHAN OR HIS SUCCESSOR AT P.O. OF LABOUR COURT & 1 - Respondent(s) ========================================================= Appearance : MS HINA DESAI for Petitioner(s) : 1, MR JB PARDIWALA for Respondent(s) : 1, NOTICE NOT RECD BACK for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE H.K.RATHOD Date : 30/06/2008 ORAL ORDER
Heard
learned Ms. Hina Desai for the petitioner, Mr. JB Pardiwala, learned
advocate for respondent No.1 Labour Judge and Mr. NR Shahani,
learned advocate for respondent no.2 concerned employee. In this
matter, the petitioner has challenged the order passed by the labour
Court, Bharuch in approval application No. 2 of 2005 dated 29th
March, 2008 wherein the labour court has rejected approval
application. This Court has, while issuing notice, granted ad
interim relief against implementation of the impugned order and
granted 17B relief subject to passing of interim order.
Learned
advocate Mr. Shahani for respondent workman has submitted that the
respondent workman has filed affidavit as required under section 17B
of the ID Act, 1947 as the respondent workman is unemployed and not
gainfully employed. Copy of such affidavit has been supplied to
learned advocate Ms. Hina Desai by learned advocate Mr. Shahani,
therefore, she submitted that subject to their filing counter
against affidavit of Section 17B of the ID Act, 1947, the Court may
pass appropriate orders for granting benefit under section 17B of
the ID Act, 1947.
Therefore,
it is directed to the petitioner to pay last drawn full wages to the
respondent workman with effect from 29th March, 2008 upto
30th June, 2008 within three weeks from the date of
receipt of copy of this order and thereafter, it is directed to the
petitioner to pay regularly last drawn full wages under section 17B
of the ID Act, 1947 till the matter remains pending before this
Court.
Matter
is adjourned for further hearing to 28th July, 2008. Ad
interim relief granted earlier shall continue to operate till
further orders.
(H.K.
Rathod,J.)
Vyas