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2015 Supreme(Guj) 2233

JAYANT PATEL, N.V.ANJARIA
Bharat Textile Works – Appellant
Versus
Bhikhabhai Gandabhai Patel – Respondent


Advocates Appeared:
For the Appellant :Pratik P. Thakkar, Advocate

ORDER :

Jayant Patel, J.

The present appeal is directed against the order dated 11.09.2015 passed by the learned Single Judge of this Court in Special Civil Application No.6930/15, whereby the learned Single Judge for the reasons recorded in the order, has not interfered with the order passed by the Labour Court below recovery application.

2. We have heard Mr. Thakkar, learned counsel appearing for the appellant.

3. The contention raised on behalf of the appellant was that when this Court decided the application under section 17B of the Industrial Disputes Act (hereinafter referred to as the "Act") on 21.03.2012 in Civil Application No.177/12, the wages under section 17B of the Act was not specifically ordered since the workman was already reinstated, but the Court had observed that for other ancillary benefits, the workman may approach before the appropriate forum. In the submission of Mr. Thakkar, as the wages under section 17B of the Act was not specifically awarded nor any liberty was reserved for claiming wages, the minimum wages could not have been ordered by the Labour Court in the recovery application under section 33C(2) of the Act. The learned Single Judge did not consider th

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