SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2004 Supreme(Guj) 435

D.H.WAGHELA, R.K.ABICHANDANI
BHANULAL KHIMJIBHAI SOLANKI – Appellant
Versus
DEPUTY EXECUTIVE ENGINEER – Respondent


Advocates Appeared: BHAVIKA KOTECHA, SHASHIKANT S.GADE

R. K. ABICHANDANI, J.

( 1 ) THIS application of the workman for being paid wages last drawn as per the provisions of Section 17-B of the Industrial Disputes Act, 1947, has been referred to the Division Bench pursuant to the order made by the learned Single Judge on 27. 4. 2004 on this application, because, the learned Single Judge was of the view that the income derived by the applicant from an independent work such as by plying autorickshaw, hawking or vending fruits, vegetables etc. , ought to be considered while deciding whether payment of last drawn wages should be ordered during pendency of the proceedings in the High court. The learned Single Judge expressed his disagreement with the decision of the Court in University granth Nirman Board Vs. U. T. Solanki, reported in 2003 (1) G. L. H. 626, in which it was held that, income from such sources of independent engagement would not be considered to be an income from gainful employment of the workman.

( 2 ) THE Labour Court, Junagadh made an award in favour of the applicant on 31st March, 2003, directing that the present respondent should reinstate the applicant in service within 30 days from the publication of the award and pay b














Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top