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1 - 4 of 4 (0.51 seconds)Shah Babulal Khimji vs Jayaben D. Kania And Anr on 10 August, 1981
13. In the present case, the position is different. The learned Single Judge has not passed a mere interlocutory order. In fact the right of the parties have been determined. A positive direction for payment of wages at 'the current rate' has been given. Even if the writ petition is ultimately allowed and the award of the Labour Court is set aside, the appellant shall not be able to recover the money paid to the workman in pursuance to the order of the learned Judge. A liability not warranted by the provision of Section 17B has been created. This order, in the words of Hon'ble the Supreme Court in Shah Babulal Khimji v. Jayaben, AIR 1981 S.C. 1786, has the traits and trappings of finality" as it finally determines the rights of the workman and the liability of the appellant during the pendency of the writ petition in the High Court. Consequently, in the facts and circumstances of this case, we are of the opinion that the objection has no merit and cannot be sustained.
The Code of Civil Procedure, 1908
I.T.C. Ltd. vs Bhatia Brothers And Ors. on 29 January, 1979
11. This brings us to the objection raised by the learned counsel for the workman that the appeal is not competent. He relied heavily on the observations of a Full Bench of this Court in I.T.C Ltd. v. Bhatia Bros. AIR 1979 Punjab & Haryana 191. Their Lordships were pleased to observe as under:-
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