( 1 ) THIS is an application filed by the workman under Section 17-B of the Industrial disputes Act. It is contended by the counsel for the applicant that award dated 16. 9. 99 has been stayed by this Court. It has also been contended before me that the workman is unemployed and there is no other source of livelihood and in this premises, the applicant has prayed that the petitioner corporation be directed to make the payment to the workman during the pendency of the writ petition. In support of his contention counsel for the applicant has relied upon the judgment of Supreme Court in Bharat Singh v. Management of New Delhi, tuberculosis Centre and Ors. , 1986 (52) FLR 621 and judgment of Division bench of Kerala High Court in the case of Commandant, D. S. C. Centre v. Secretary, N. C. C. Group URC Employees Association, 2001 0 LIC 2002.

( 2 ) ON the other hand counsel for the petitioner/non-applicant says that no order for appointment can be made as in the impugned award there was finding to the fact that the workman was doing the work of phery and was earning about Rs. 2. 000/- per month.

( 3 ) COUNSEL for the petitioner has contended that merely a workman is engaged