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2009 Supreme(SC) 681

D.K.JAIN, R.M.LODHA
Rajasthan Gramin Bank – Appellant
Versus
Bishan Lal Bairwa – Respondent


JUDGMENT :

Leave granted.

Challenge in this appeal by the Management is to an order, dated 2nd August, 2007, passed by an Appellate Bench of the High Court of Judicature at Rajasthan, Jaipur Bench in CSA (W) No. 339 of 2005, whereby the order passed by the learned Single Judge, directing the Management to comply with the provisions of Section 17-B of the Industrial Disputes Act, 1947 (for short, "the Act") has been affirmed.

Since the issue involved in the appeal is short, with the consent of learned counsel for the parties, we proceed to dispose of the matter at this stage itself. Mr. Dhruv Mehta, learned counsel appearing for the appellant-bank submits that in the first instance the learned Single Judge, while allowing the application preferred by the workman under Section 17-B of the Act has proceeded on the premise that the Management had failed to controvert the specific plea of the workman that he was not gainfully employed, whereas, in para 4 of the reply, filed on behalf of the appellant to the said application, their specific case was that after his dismissal, the workman had worked in two transport companies for different periods. Copies of the vouchers showing payment of



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