These two Civil Applications have been taken out by the original petitioner, employer and the workman. The employer has approached the Court for seeking appropriate direction permitting them to stop 17-B wages, as the workman has attained age of superannuation and the workman has approached for seeking direction to continue the wages as his retiral dues are not paid on account of pendency of the petition.
Learned counsel for the workman has relied upon the decision of the Delhi High Court in case of Management of Centaur Hotel Vs. P.S.Mohan Nair & Anr. Reported in 2011 II CLR 703 for justifying the claim.
Learned counsel for the employer has placed on record the orders made by this Court in various petitions namely;
(i) Civil Application No.1595 of 2010 dated 15.02.2010.
(ii) S.C.A. No.29152 of 2007 dated 31.07.2008.
(iii) Civil Application No.15964 of 2010 with S.C.A. No.16635 of 2003 dated 31.01.2011.
as well as decision of this Court in case of Essar Project Ltd. Vs. N.D.Jagdishwara reported in 2012(1) G.L.H. 710, in which the Bombay High Court judgment in case of Hind Rectifiers Ltd. Vs. Presiding Officer, Ist Labour Court and another, reported in 2001 (89) FLR 55, has also been relied upon and submitted that in view of the law led down in case of Essar Project Ltd. (supra) would be applicable to the present Civil Application also and in view of this, without making any elaborate observations on the rival contentions, suffice it to say, at this stage, that as the workman has attained the age of superannuation, the workman's application is required to be rejected, in view of the decision cited in case of Essar Project Ltd. (supra) and the employer's application is partly allowed. They are absolved of their statutory liability to pay 17-B, in light of the fact that the workman has attained age of superannuation, however, the recovery is not permitted and hence that Civil Application is partly allowed.
Both the Civil Applications are disposed of, accordingly. Rule is discharged in Civil Application No.13735 of 2011 and Rule is made absolute to the aforesaid extent in Civil Application No.4109 of 2012. The main matter i.e. S.C.A. No.12025 of 2006 is fixed for hearing on 05.07.2012.
(S.R.BRAHMBHATT, J.) Pankaj Top