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CA/4486/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR DIRECTION No. 4486 of 2011
In
SPECIAL
CIVIL APPLICATION No. 846 of 2011
=========================================================
RAJESH
M MODI - Petitioner(s)
Versus
RALLIS
INDIA LIMITED & 1 - Respondent(s)
=========================================================
Appearance
:
MR
SUBRAMANIAM IYER for
Petitioner(s) : 1,
MR HASMUKH THAKKER for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 04/05/2011
ORAL
ORDER
1. Heard
learned advocate Mr.Subramaniam Iyer for applicant – original
respondent No.1 and learned advocate Mr.Hasmukh Thakker for opponent
No.1 – original petitioner No.1 – Rallis India Ltd.
2. This
Court has passed following order on 8.3.2011 :
” Heard
learned advocates appearing on behalf of respective parties.
In
present petition petitioner has challenged award passed by Labour
Court, Bharuch in Reference No.264 of 1992 dated 16th
December, 2010 wherein Labour Court has awarded compensation in
favour of workman in lieu of back wages Rs.75,000/-. Out of that,
Rs.50,000/- is to be paid by petitioner which is under challenge. The
Labour Court has directed both respondents to reinstate workman in
service. Over and
above, Rs.75,000/- is to be given compensation and out of that,
Rs.50,000/- is to be paid by petitioner.
I
have considered submissions made by both learned advocates appearing
on behalf of respective parties. The question involved in present
petition requires detailed examination. Hence, RULE.
Interim
relief in terms of Para 10(B) is granted subject to compliance of
provisions of Section 17B of industrial Disputes Act, 1947.
Learned
advocate Mr. Iyer waives service of notice of rule on behalf of
respondent No.1.”
3. In
pursuance to aforesaid order passed by this Court on 31.3.2011, an
affidavit is filed by respondent – workman as required under
Section 17B of I.D.Act,1947. Copy thereof is served to other side on
5.4.2011. But thereafter no payment is made as required under
Section 17B of I.D.Act,1947 to workman. Therefore, present
application is filed.
4. In
light of these facts, it is directed to original petitioner No.1 –
Rallis India Ltd. to pay last drawn wages to workman from 16.12.2010
till 31.5.2011 within a period of one month from date of receiving
copy of present order. Thereafter, it is further directed to original
petitioner to regularly pay last drawn monthly wages as required
under Section 17B of I.D.Act,1947 till the matter is finally decided
by this Court.
5. In
view of above observations and directions, present application is
disposed of accordingly.
[
H.K.RATHOD, J. ]
(vipul)
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