JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.

CM APPL. 31264/2020 (u/s 17B of the ID Act)

2. This is an application moved by the Respondent/Workman under Section 17B of the Industrial Disputes Act, 1947 (hereinafter "Act"). No reply has been filed by the Petitioner/NrDMC. On 24th November 2021, this application was heard in part, when ld. Counsel for the NrDMC had submitted that although no reply was filed in this application, she wished to rely on her rejoinder in the petition, to oppose the present application. She relied upon the report of the Additional Sanitary Inspector of Hindu Rao Hospital, along with the photographs attached therein to submit that the Workman was running a small shop from his own residence. On this, this Court had prima facie opined that the same would not constitute gainful alternate employment under section 17B of the ID Act. However, as ld. Counsel for the Workman had submitted that his client would be willing to join back the NrDMC, ld. Counsel for the NrDMC was given time to seek instructions in that regard. The observations of t