1. By way of this application, the applicant-original respondent has prayed for the benefits of Section 17(B) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act") from the date of the award.
2. It appears from the record that by way of main writ petition being Special Civil Application No.14039 of 2010, original petitioner - opponent No.1 herein has challenged the judgment and award passed in Reference (LCA) No.807 of 2002 by the Presiding Officer, Labour Court No.5, Ahmedabad dated 30.3.2010.
3. It appears from the record that initially by an order dated 14.12.2010, this Court (Coram: K.A. Puj, J. as he then was) was pleased to issue notice to the respondents in the main matter and was also further pleased to grant ad-interim relief qua payment of back wages till the next date of hearing.
4. It appears that thereafter by an order dated 27.12.2010, this Court (Coram : K.A. Puj, J. as he then was) was pleased to pass the following order:-
"1. This Court has issued notice on 14th December 2010 and has granted ad-interim relief qua payment of backwages.
2. Having heard Mr.Jigar Patel, the learned advocate appearing for the petitioner and Mr.P.C.Chaudhari, the learned advocate appearing for the respondent and having considered the submissions, the Court is of the view that the matter requires consideration. Hence, RULE returnable on 20th January 2011. Ad-interim granted earlier shall stand confirmed till the final disposal of this petition and the payment of backwages under Section 17-B of the Industrial Disputes Act, 1947 shall be considered by the Court on filing of affidavit of unemployment."
5. As per the said order, the applicant herein thereafter filed an affidavit under Section 17(B) of the Act and thereafter, the present application is filed for the benefits of Section 17(B) of the Act.
6. Today when the matter is called out for hearing, Mr. P.C. Chaudhari, learned advocate for the applicant and Mr. Varun K. Patel, learned advocate for opponent No.1 - original petitioner state that the applicant has been reinstated as Peon on 5.3.2012. A photocopy of the communication dated 5.3.2012 is placed on record by Mr. Varun K. Patel, a copy of which is also given to Mr. P.C. Chaudhari.
7. In view of the above development, the prayers prayed for in the present application cannot be granted. Mr. P.C. Chaudhari, learned advocate for the applicant, however, states that the applicant may approach appropriate forum for other ancillary benefits as the applicant has been reinstated on 5.3.2012. Mr. Varun K. Patel, learned advocate for opponent No.1 - original petitioner shall take all contentions that are available in case if the applicant approaches any other forum.
8. In view of the above, this application is disposed of with no order as to costs.
[R.M.CHHAYA, J.] mrpandya Top