Back
Gujarat High Court
Judgename :H.K.RATHOD
ARVINDKUMAR KESHAVLAL CHHAG - Appellant
Versus
DISTRICT PANCHAYAT - Respondent
SPECIAL CIVIL APPLICATION 12880 Of 2000
Decided On : 08/31/2006
Industrial Dispute Act, 1947 – Section 17-B – Workmen – Payment of full wages to workman pending proceedings in higher courts – petitioner submitted that main matter may be fixed for final hearing and he is prepared to conduct the matter finally. He also submitted that workman is working or gainfully employed, therefore, he is not entitled the benefit of Section 17-B of the Industrial Disputes Act, 1947. He also submitted that petitioner is prepared to deposit the amount before this Court about last drawn wages claimed by workman. He also submitted that unnecessary public exchequer amount will be paid to the workman without taking work and therefore, he submitted that to fix the main matter for final hearing. In present civil application, two prayers are made. One prayer is to fix the matter for final hearing and the other prayer is to pay wages under Section 17-B of the Industrial Disputes Act, 1947 to the respondent workman – Held, Petitioner employer should not have to be given the benefit of such technical plea which is contrary to mandatory provisions of section 17-B of the Act, 1947. The amount of full wages last drawn if it is paid to the workman that amount is subsistence allowance which is not recoverable and refundable. Therefore, the skill of petitioner employer delaying payment by one pretext or another pretext or in guise of fixing the matter for final hearing or to show eagerness for final hearing cannot be entertained by this Court unless the payment will be made by petitioner-employer as per this order to the respondent workman –p Therefore, main Special Civil Application should not be hear for final hearing unless and until the order passed by this Court today is not fully complied by petitioner employer. Therefore, the decision of this Court (Coram : Justice Ravi R. Tripathi) as referred above is not applicable to the facts of this case – In view of the facts, I am granting the prayer 5-B in the present Civil Application with a direction to the petitioner to pay full monthly wages last drawn by the respondent workman with effect from 29th May 2000 till 31st August 2006 within a period of one month from the date of receiving the copy of the said order – If the petitioner will not comply this order then interim relief which has been granted by this Court on condition to comply Section 17-B of Act, 1947 stands automatically vacated, so, this order must have to be complied by the petitioner, otherwise, respondent workman may file appropriate proceedings against the petitioner under the provisions of the Contempt of Courts Act – Directions issued – Civil Application is disposed of.
( 2 ) IN the present Civil Application, in Para 5, two prayers are made. One prayer is to fix the Special Civil Application for final hearing at an early date and alternative the another prayer is to direct the petitioner to pay full wages last drawn to the respondent workman, which is quoted as under :"5 (A) : to fix Special Civil Application No. 12880 of 2000 for final hearing at an early date. 5 (B) : in the alternative direct the opponents to grant benefits under Section 17-B of the I. D. Act, 1947. 5 (C) : To pass such other and further orders as may be deemed fit. "
( 3 ) THE affidavit-in-reply is filed by original-petitioner. The copy thereof was served to the original respondent.
( 4 ) SPECIAL Civil Application No. 12880 of 2000 is filed by original petitioner District Panchayat through District Development Officer, Junagadh challenging the award passed by the Labour Court, Junagadh in Reference No. 317 of 1993 dated 29th May 2000. Labour Court, Junagadh has set aside the termination order and granted the reinstatement with continuity of service with 50% back wages of interim period. The Labour Court, Junagadh had directed to the petitioner to implement the award in question within a period of 30 days from the date of publication of award. Labour Court has also imposed cost of Rs. 250/ -.
( 5 ) IN main petition, rule has been issued by this Court (Coram : P. B. Majmudar, J.) and order has been passed on 5th September 2001 which is quoted as under. The interim stay granted by this Court on 20. 12. 2000 while issuing notice to the respondent against the award of reinstatement and 50% back wages remained continue by extending time to time. "rule returnable on 23rd October, 2001. During the pendency of the Special Civil Application, the impugned order is stayed subject to compliance of Section 17-B of the Industrial Dispute Act. The petitioners are directed to comply with the said provision of Section 17-B from the date of the order of the Labour Court and may continue to pay the last drawn salary to the respondent during the pendency of the petitioner. The said benefit may be given within a period of one month from today. "this interim order which has been passed by this Court on 5. 9. 2001 is not challenged by petitioner to higher forum.
( 6 ) THIS Court has stayed the award subject to compliance of Section 17-B of the Industrial Disputes Act, 1947. Not only that, this Court has directed to petitioner to comply with said provisions of Section 17-B from the date of order of the Labour Court and may continue to pay the last drawn salary to the respondent during the pendency of the petition. The said benefit may be given within a period of one month from today i. e. from 5th September 2001. In response to order dated 20. 12. 2000, the respondent workman has filed affidavit on 22nd January 2001. The copy thereof has been served to the petitioner s advocate on 22nd January 2001. No counter has been filed by the petitioner against the said affidavit.
( 7 ) CIVIL Application No. 8044 of 2004 and Civil Application No. 8045 of 2004 filed by the respective parties. Civil Application No. 8044 of 2004 filed by respondent workman wherein this Court (Coram : D. N. Patel, J.) has passed an order on 4th April 2005 which is quoted as under :"heard the learned counsel for both the sides. The Special Civil Application No. 12880/2000 shall be placed for final hearing by the Registry of this Court on 4th May, 2005. Civil Applications also be heard along with Special Civil Application No. 12880/2000. "
( 8 ) BOTH the applications are subsequently disposed of by this Court (Coram : K. S. Jhaveri, J.) on 22nd June 2005, the order thereof is quoted as under :"at the request of Mr. P. V. Hathi, learned advocate fro the petitioners, S. O. To 19. 7. 2005.
SupremeToday
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
