1 By way of this application the applicant - original respondent no.1 has prayed for the following reliefs :
"(A) YOUR LORDSHIPS may be pleased to allow this Civil Application;
(B) YOUR LORDSHIPS may be pleased to vacate the interim relief granted by this Hon'ble Court vide order dtd. 23.08.2011 in Special Civil Application No. 8660/2011 in the interest of justice;
(C) YOUR LORDSHIPS may be pleased to grant such other and further reliefs as may be deemed fit and proper by this Hon'ble Court in the interest of justice;"
2. In the main Writ Petition being Special Civil Application No. 8660 of 2011 the opponent No.1 - original petitioner has challenged the judgment and award passed by the Presiding Officer, Labour Court, Ahmedabad dated 11.10.2010 passed in Reference (LCA) No. 503 of 2004. The said Writ Petition has been admitted and interim relief is granted subject to compliance of Section 17B of the Industrial Disputes Act, 1947. The applicant herein has filed this application stating that inspite of the orders passed passed by this Court and even though an affidavit is filed to the effect that the applicant - original respondent no.1 is not gainfully employed elsewhere, opponent no.1-employer has not complied with the condition of grant of interim relief, which was made subject to provisions of Section 17B of the Industrial Disputes Act, 1947.
3. In response to the notice issued the opponent has appeared through learned Advocate Mr. A.K. Clerk. It is pointed out that the opponent No.1 - original petitioner has made part payment in compliance to provisions of Section 17B of the Industrial Disputes Act, 1947. Mr. Clerk has further pointed out that opponent No.1 - original petitioner has paid the amount of Rs.20,580/- by Demand Draft dated 24.02.2012. Mr. Thakkar, learned Counsel, appearing for the applicant submits that the applicant has received the said amount.
4. It however appears from the record that still further amount is due and payable as arrears of wages to the applicant. Hence, opponent No.1 - original petitioner is hereby directed to pay the remaining amount of arrears of wages in compliance to orders passed by this Court as per Section 17B of the Industrial Disputes Act, 1947 latest by 30.4.2012 to the applicant. The opponent No.1-original petitioner is also further directed to pay the last drawn wages regularly every month in compliance to the interim orders passed in the main Writ Petition till final disposal of the main Writ Petition.
5. With these observations, the application stands disposed of. Notice discharged. However, it would be open for the applicant to revive the application in case of difficulty.
Sd/-
(R.M.
Chhaya, J.) M.M.BHATT Top