Gujarat High Court
C vs Shabbirhusain on 13 December, 2011
Author: K.M.Thaker
Bench: K.M.Thaker
Gujarat High Court Case Information System
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SCA/6173/2011 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6173 of
2011
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C
B GANDHI NUTAN HIGH SCHOOL THROUGH ADMINISTRATOR - Petitioner(s)
Versus
SHABBIRHUSAIN
BACHUBHAI GHORI - Respondent(s)
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Appearance :
MS
MAMTA R VYAS for Petitioner(s) : 1,
MR ND SONGARA for
Respondent(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 13/12/2011
ORAL ORDER
Heard Ms. N.P.Vidhlani, learned advocate, for Ms. M.R.Vyas, learned advocate for the petitioner - institute and Mr. Songara, learned advocate for the respondent - workman.
2. The petitioner - institute has brought under challenge order dated 27.1.2011 passed by the Labour Court, Palanpur in Reference No.23 of 2005. By the said award, the Labour Court, Palanpur has directed present petitioner to reinstate the said respondent with continuity of services, however, the benefit of backwages has been denied.
3. The petitioner appears to have been aggrieved by the award and therefore, has preferred present writ petition being SCA No.6173 of 2011.
4. It appears from the record that on earlier occasion, the issue about reinstatement or payment of last drawn wages, in accordance with Section 17B of the Act, had arisen. In that view of the matter, the Court (Coram: Hon'ble Mr. Justice R.R.Tripathi) passed order dated 5.12.2011, which reads thus:-
"1. It is really painful that a party like respondent - workman has to remain 'high and dry' despite an award and order in his favour before ten months from now. The present petition is filed on 22/04/2011 wherein the office objections were not removed until 10/05/2011 when time was granted upto 20/06/2011 and the matter came up for consideration of the Court for the first time on 22/06/2011.
1.1 Though, there is no stay granted by this Court the petitioner granted stay to itself and that is happily operative till today.
1.2 At this juncture, the learned Advocate for the petitioner requests that she be permitted to advise her client and see that her client reinstate the respondent - workman and / or pay wages as per Section 17-B of the Industrial Disputes Act, which will be without prejudice to all rights and contentions of the petitioner. At her request, adjourned to 13/12/2011."
5. The Hon'ble Court has recorded that until now, any stay against the operation of the award has not been granted. It also appears that the petition has yet not been admitted. However, the respondent has submitted that he has been served with an affidavit made by the petitioner wherein, it is, inter alia, stated that:-
"3. During the pendency of this petition and till the hearing is over on the issue of stay the petitioner will pay the wages as per Sec.17-B subject to the rights and contentions of the petitioner made in the petition."
6. Thus, it appears that the petitioner has prayed that until the hearing regarding interim relief and admission of the petition is decided, the petitioner is ready to pay the wages on the same lines as it would pay, if the direction to comply with Section 17B was passed. The petitioner has come out with a contention that it had not engaged the respondent as its workman and that therefore, the direction to reinstate the respondent is not justified. The said issue would require consideration. Therefore, in light of its own stipulation made in para-3 of the affidavit dated 12.12.2011, the petitioner shall, until the hearing on the issue of stay is over, pay to the respondent workman a sum equivalent to his last drawn wages.
At the request made on behalf of the learned advocate for the petitioner, S.O. to 22.12.2011.
[K.M.Thaker, J.] kdc Top