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2010 Supreme(Guj) 345

A.L.DAVE, M.D.SHAH
Airport Authority Of India – Appellant
Versus
Bharat H. Parmar – Respondent


Advocates appeared:
Chetan K. Pandya, S.V. Raju, S.N. Pahva

JUDGMENT

A.L. DAVE, J.

1. THE appellant is aggrieved by an order passed in Misc. Civil Application No.354 of 2010 and allied matters passed on 11.3.2010 directing the appellant-Airport Authority of India to pay the amount of arrears of last drawn wages from the date of the award till the payment of last drawn wages are made, within a period of two months from the date of receiving a copy of the said order.

2. THE learned Advocate for the appellant submitted that the learned Single Judge has ordered to pay the benefit of Section 17B of the Industrial Disputes Act from the date of the award, whereas it should be from the date of filing of an application and/or affidavit claiming benefit of Section 17B and indicating that the workman was not gainfully employed. He has relied on the decision in the case of Uttaranchal Forest Development Corpn. and Anr. v. K.B. Singh, (2005) 11 SCC 449.

This being the only question involved, the learned Advocate submitted that the appeals may be heard finally.

3. LEARNED Advocate Ms Pahwa appearing for the respondent-workman submitted that the view taken by the learned Single Judge is supported by several judicial precedents, the latest one being that of















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