Gujarat High Court
Harshi vs Idar on 11 May, 2011
Author: H.K.Rathod
Bench: H.K.Rathod
Gujarat High Court Case Information System
Print
CA/5489/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR DIRECTION No. 5489 of 2011
In
SPECIAL
CIVIL APPLICATION No. 15768 of 2010
=========================================================
HARSHI
SHADULLAH AHMEDBHAI - Petitioner(s)
Versus
IDAR
MUNICIPAL BUREAU - Respondent(s)
=========================================================
Appearance
:
MR
HARSHAD K PATEL for
Petitioner(s) : 1,
MR VIJAY H NANGESH for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 11/05/2011
ORAL
ORDER
Heard learned advocates appearing on behalf of respective parties.
This application is preferred by applicant with a prayer to direct opponent - original petitioner to pay last drawn monthly wages as required under Section 17B of Industrial Disputes Act, 1947.
Learned advocate Mr. Patel submitted that affidavit unemployment has also been filed by workman, page 8, on 3rd May, 2011. Copy of which has already been supplied to opponent.
Learned advocate Mr. Patel also submitted that in Special Civil Application No.15768 of 2010, Idar Municipal Borough - petitioner has challenged award passed by Labour Court, Himatnagar in Referenec (LCH) No.139 of 1997, Ex.70, dated 15th September, 2010. The Labour Court, Himatnagar has granted reinstatement with continuity of service in favour of present applicant, but, no direction has been issued for granting back wages of interim period.
Learned advocate Mr. Patel further submitted that this Court has passed an order on 24th March, 2011. Before that on 24th December, 2010, this Court has issued 'notice' for final disposal and made it returnable on 17th January, 2011 and also issued 'notice as to interim relief' and made it returnable on same day. This Court has also granted ad-interim relief in terms of paragraph 7(C) till then. Thereafter, 'rule' has been issued on 24th March, 2011 and confirmed ad-interim relief granted earlier by this Court till final disposal. Therefore, learned advocate Mr. Patel submitted that when this Court has stayed reinstatement, then, workman is entitled benefit of Section 17B of ID Act. For that, this Court has not put any condition while granting interim relief against award in question in favour of workman. Therefore, according to his submission, a moment this Court has stayed reinstatement, a statutory provisions of Section 17B came into effect, therefore, applicant has preferred present application for that relief. He also submitted that earlier, ad-interim relief is granted against implementation of award, therefore, that interim relief may be made subject to compliance of Section 17B of ID Act, 1947.
I have considered submissions made by both learned advocates appearing on behalf of respective parties and considering averments made in this application supported with affidavit as well as considering separate affidavit of unemployment which has been served to original petitioner and no counter is filed and no affidavit in reply is filed by original petitioner in this application, it is directed to original petitioner - opponent - Idar Municipal Borough to pay last drawn monthly wages to present applicant w.e.f. 15th September, 2010 till 31st May, 2011 within a period of one month from date of receiving copy of present order. Thereafter, it is further directed to original petitioner - opponent to pay regularly last drawn monthly wages as required under Section 17B of Industrial Disputes Act, 1947 till the matter is finally decided by this Court. Therefore, interim relief which has been granted by this Court on 24th March, 2011 is made subject to compliance of Section 17B of Industrial Disputes Act, 1947.
In view of above observation and direction, present Civil Application is disposed of by this Court.
Direct service is permitted.
[H.K. RATHOD, J.] #Dave Top