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Documents citing Kanjibhai Punjabhai Parmar vs State Of Gujarat on 19 October, 2004

Maniben vs Gujarat on 10 August, 2009

Mr.Pandya has further submitted that this submission is required to be made as the applicants are absolutely silent with regard to time taken in filing the present applications. The proceedings are pending since the year 2002 and bipartite order staying the operation is also on the record since 2002. Yet, for the first time in the year 2008, without showing any justifiable cause for not approaching the Court, the workmen, for the first time, approached the Court after having accepted the interim order as it is. The applications are not containing any specific challenge or relief qua reinstatement as the relief of reinstatement could not have been granted naturally because the Tribunal, while deciding the matter, also had dealt with this question and come to the conscious conclusion that the reinstatement and relief of reinstatement being subject matter of Special Civil Application No. 11002 of 1995, the workmen applicants have no right to seek in the year 2008, the relief of last drawn wages. Mr.Pandya further submitted that in answer to the submission with regard to the decision of this Court in the case of Kanjibhai Punjabhai Parmar (Supra), the prejudice in this case is thus that the workmen have belatedly raised plea for seeking wages in terms of Section 17B of the I.D. Act and therefore, now at this stage, it would be absolutely difficult on the part of the employer to verify the veracity of their claim of being unemployed. Even otherwise also the workmen have been in a position to sustain themselves for all these years, which would go to show that the workmen were actually not entitled to claim the relief under Section 17B of the I.D. Act. Mr. Pandya has further submitted that Section 17B of the I.D. Act does not give absolute right to the workmen to receive the wages. It is subject to the order passed by this Court after appreciating the facts and circumstances of the case.
Gujarat High Court Cites 4 - Cited by 0 - S R Brahmbhatt - Full Document
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