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CA/10155/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR DIRECTION No. 10155 of 2011
In
SPECIAL
CIVIL APPLICATION No. 4388 of 2008
=========================================================
JAYRAMBHAI
BHARABHAI BHARWAD & 2 - Petitioner(s)
Versus
THR
NOBLE SECURITY & DETECTIVESERVICE PVT. LTD. & 4 -
Respondent(s)
=========================================================
Appearance :
MR
P C CHAUDHARI for
Petitioner(s) : 1 - 3.
MR PRABHAKAR UPADYAY for Respondent(s) :
1,
None for Respondent(s) : 2 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 21/10/2011
ORAL
ORDER
1. Present
Civil Application is filed complaining the non-payment of benefits
flowing from Section 17-B of the ID Act. The matter was on Board
yesterday. Learned Advocate for the applicant complained that this is
the sixth Civil Application in sequence every time complaining about
non-payment of 17-B wages and then opponent paying that amount.
1.1 The
Court took this conduct of the opponent very seriously. As a good
will gesture the opponent then volunteered that he will pay
Rs.30,000/- towards cost of these six Civil Applications at the rate
of Rs.5,000/- per Civil Application and will also file an undertaking
that henceforth no default will take place in making payment of
benefits flowing from Section 17-B.
2. The
opponent is present before this Court and pays an amount of
Rs.30,000/- (Rupees Thirty Thousand Only) towards the cost of six
Civil Applications in sequence. With that the grievance about driving
the applicant to this Court for non-payment of benefits flowing from
Section 17-B stands redressed to an extent.
2.1 The
opponent is to file an undertaking during the course of the day to
the effect that, ‘in future no default will be committed in payment
of benefits flowing from Section 17-B’.
3. So
far as wages of the period between date of award and filing of
petition is concerned that will be considered in light of the rival
submissions of both the parties at the time of final hearing of this
petition. So far as payment made for three months i.e. for September
to November, 2009 the learned Single Judge of this Court had asked
the opponent to pay the current wages for those three months. The
same will be treated as payment for these three months only. The
applicant will not be entitled to claim 17-B for these three months,
and the Management will not deduct the excess amount paid from the
amount payable under Section 17-B for other period. The benefits
flowing from Section 17-B for the unpaid period claimed in this Civil
Application will be paid on or before 10/11/2011.
4. With
this Civil Application is disposed of.
(RAVI
R TRIPATHI, J.)
sompura
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