The court reaffirmed the need to review applications on their merits unconditionally as per the directive from the Supreme Court regarding procedural fairness.

O R D E R

1. This Review Petition is filed by the Petitioner in W.P.(C)

No.28369/2006 - Management in the I.D., to review the Order dated 15.06.2009 in I.A. No.13415/2007 in the Writ Petition allowing the said Application filed under Section 17B of the Industrial Disputes Act , 1947. I.A. No.13415/2007 is filed by the Respondent No.2/Union in the Writ Petition claiming the last drawn wages of six workers out of 24 workers involved in I.D. No.3/2004.

2. The Hon'ble Supreme Court passed Annexure A3 Order dated 30.07.2010 dismissing S.L.P.(C) No. 19826/2010 filed by the Management arising from an Order in this Writ Petition. Hon’ble Supreme Court dismissed the SLP, taking note of the request of the Division Bench of this Court to the learned Single Judge to dispose of the Writ Petition expeditiously. The Hon’ble Supreme Court also made an order requesting the learned Single Judge to dispose of the Writ Petition as expeditiously as practicable. It is further observed that if it is unable to take up the Writ Petition for early hearing, the learned Single Judge may consider the stand of the Petitioner therein/Management that the Respondents are not entitled to any payment under Section 17B of the Industrial Disputes Act , 1947, since, according to the Petitioner therein, they are gainfully employed, and making it clear that the said plea of the Petitioner therein shall be considered on its own merits uninfluenced by the earlier order of the learned Single Judge.

3. In view of the aforesaid Order, I.A. No.13415/2007 is to be considered by this Court on merits again, uninfluenced by the Order dated 15.06.2009.

4. Hence, there is no need to consider the prayer to review the Order dated 15.06.2009 impugned in this Review Petition. Accordingly, this Review Petition is dismissed.

Sd/-