Honble ASOPA, J.–Respondent-workman has filed an application u/S. 17-B of the Industrial Disputes Act, 1947 (in short `the Act) wherein he has stated that he is out of employment and is not gainfully employed. The petitioner has filed reply to the said application and stated that after enquiry it was found that the respondent-workman is running a shop of sweets as well as tea stall in Gandhi Chowk, Manoharpur, Panchayat Samiti Shahpura, Distt. Jaipur and is earning Rs. 5000/- per month. The said reply is based on the report of Halka Patwari who has submitted his report on 15.7.2006 to the Vikas Adhikari, Panchayat Samiti Shahpura.

(2). Submission of Mr. Kashyap, counsel for the respondent- workman is that there is no proof of earning income of Rs. 5,000/- from the alleged sweet and tea shop. His further submission is that requirement of Sec. 17-B of the Industrial Disputes Act, 1947 (in short `the Act) is that the workman ``should not be employed in any establishment during such period and an affidavit by such workman has been filed to that effect in such court. He further submits that in the instant case, the respondent workman has categorically submitted that he was out of employm

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