JUDGMENT - KHANDEPARKAR R.M.S., J.:---Heard the learned Advocates for the parties. Perused the records.

2. This notice of motion is taken out under section 17-B of the Industrial Disputes Act, 1947, hereinafter called as "the said Act" by the employee who is the respondent No. 1 in the Writ Petition No. 840 of 2003, filed by the employer-Corporation. It is the contention of the employee that since the time of issuance of the order of dismissal from service i.e., from 19-1-2001, the employee has not been employed in any establishment and that in view of issuance of the rule in the said writ petition and grant of stay of the implementation and operation of the Award dated 1-11-2002, under which the employee was directed to be reinstate with full back wages, the employee is entitled for subsistence allowance in terms of section 17-B of the said Act during the pendency of the writ petition. According to the employee, the last drawn wages, as on December, 2000, were Rs. 12,038/- per month, but in terms of the settlement dated 23-5-2002 stood revised to the tune of Rs. 19,470/- per month, effective from 1-10-1998. On the other hand, it is the case of the employer that the employee is gain

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