( 1 ) THIS is an application under Section 17-B of the Industrial Disputes Act, 1947 (in short the `id Act ) seeking payment of wages not less than the minimum wages from the date of the award, i. e. , dated 6th May, 1999, passed in ID. No. 465/79.

( 2 ) IN para 2 of the application it has been averred that the applicant/workman is unemployed since the date of the termination of his services upto date. In reply, the petitioner has sought to contend that the respondent No. 3/applicant by selling of miscellaneous items in front of Birla Mandir, Mandir Marg, New Delhi is making a monthly income of Rs. 5,000/ -. In the rejoinder, the respondent No. 3/applicant has contended that he was carry on this street activity only for one month and in any case that amount generated by this activity was not sufficient for him to sustain his family. He has relied upon the judgment of the Hon ble Supreme Court in Rajinder Kumar Vs Delhi Administration reported as AIR 1984 SC 1805to the following effect:-

"in support of this submission Mr. Jain pointed out that the appellant in his cross-examination has admitted that during his forced absence from employment since the date of terminati