The matter is accompanied with Civil Application No. 3616 of 2011, filed by the respondent – workman praying for grant of benefits flowing from Section 17B of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the ID Act').

2. Learned advocate Ms. Parul P. Vasavada for the opponent in Civil Application – original petitioner – establishment – 'Kathiyawad Nirashrit Balashram' – an 'Orphanage', submitted that the establishment is, as the name suggests, meant for giving 'shelter' to the persons who are 'Nirashrit' - having no 'shelter' and therefore, payment of Section 17B will hamper the activities of the petitioner and therefore, it will be in fitness of things, if, instead of hearing the Civil Application, the main matter is heard.

2.1 The request was granted. The papers of main Special Civil Application are before the Court being accompanied with the Civil Application. The main matter is taken up for final hearing, to which, learned advocate Ms. Shalini S. Mair for the respondent - applicant of Civil Application, has no objection.

3. Heard, learned senior advocate Mr. KM Patel with Ms. Parul P. Vasavada for the petitioner. The learned senior advocate for th