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2008 Supreme(Bom) 1381

S.A.BOBDE
Anand Nursing Home – Appellant
Versus
Mahadev Gaikwad – Respondent


Advocates Appeared:
Mr. TEJAS DESHP ANDE, for the Petitioner.
Mr. DILIP M. MANDVIA, for the Respondent.

JUDGMENT:- This is a Notice of Motion taken out by the respondent-workman under section 17-B of the Industrial Disputes Act, 1947, hereinafter referred to as the "Act", or full wages last drawn by him or for a direction to deposit the back wages.

2. The respondent was directed to be reinstated by the Labour Court along with back wages. The petitioner filed this Writ Petition which is pending since 7.10.2005. On 22.2.2006 the employer seems to have made a statement before this Court that it would reinstate the respondent. Apparently, therefore, this Court granted stay of back wages. There is some dispute whether thereafter employer allowed the respondent to join work or not. However, it is clear that the respondent workman did not take any steps to enforce the order of reinstatement. Since the respondent was not on duty and continued to remain absent, the petitioner issued a charge-sheet dated 16.2.2007. After holding an inquiry, the petitioner has dismissed the workman which is the subject-matter of an independent proceedings.

3. Now in this Notice of Motion, Mr. Mandvia, the learned counsel for the respondent, submitted that by virtue of section 17-B, the workman is entitled to full












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