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HIGH COURT OF GUJARAT
MKT
STATE OF GUJARAT – Appellant
Versus
PRADIP VAJUBHAI SUVA – Respondent
ORDER :
M. K. THAKKER, J.
1. Rule returnable forthwith. Learned advocate Mr. Oza waives service of notice of rule.
2. This Court vide order dated 20.02.2024 had issued Rule and granted ad- interim relief in terms of para. 10(C) till the final disposal of the petition subject to payment of wages under Section 17(B) of the Industrial Disputes Act,1947(for short ‘ the ID Act’).
3. Pursuant to the order dated 20.02.2024, the declaration affidavit with regard to the non-employment is filed by the respondent on 09.04.2024. However, neither the compliance of the provision under section 17(B) of the ID Act was made nor the respondent was permitted to rejoin the service. Therefore, the application being Civil Application No. 1 of 2025 is filed for issuance of the directions to comply with provisions of 17(B) of the ID Act as well as compliance of the order dated 20.02.2024.
4. Heard learned AGP Ms. Surbhi Bhati for the State and learned advocate Mr. Ankur Y Oza for the respondent-workman.
5. Learned AGP Ms. Bhati states that instead of deciding the application for the provisions of Section 17(B) of the ID Act, the main matter may be decided. She further submits that the respondent-workman was eng
The absence of a direct employer-employee relationship negates the obligation to pay wages under Section 17(B) of the Industrial Disputes Act, leading to dismissal for non-compliance.
The court affirmed the mandatory nature of wages under Section 17B of the Industrial Disputes Act for employees pending judicial proceedings, emphasizing the protection of employees' economic rights.
Section 17B of the Industrial Disputes Act mandates employers to pay wages to workmen during the appeal process if they are not gainfully employed, ensuring financial support to employees awaiting re....
Section 17B of the Industrial Disputes Act mandates that employees awaiting reinstatement during appeal must receive last wages, reflecting the legislative intent to support vulnerable employees.
The court upheld that under Section 17B of the Industrial Disputes Act, employers must provide full last-drawn wages to employees pending appeals, reaffirming the provision's mandatory nature to prot....
Section 17B of the Industrial Disputes Act mandates employers pay last drawn wages to reinstated employees during pending proceedings, emphasizing employee support against financial hardship.
Section 17B of the Industrial Disputes Act mandates that employers must pay full wages to employees pending legal proceedings, ensuring financial support during disputes over their employment status.
The provision of Section 17B mandates that employers must provide full wages to reinstated workers pending higher court proceedings, reinforcing employee protection during unemployment periods.
A workman under the Industrial Disputes Act is entitled to minimum or last drawn wages during the pendency of proceedings if not gainfully employed, with payments starting from the date of applicatio....
Section 17B of the Industrial Disputes Act mandates payment of last drawn wages to employees pending appeal in recognition of their economic vulnerability, ensuring fairness during litigation.
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