1. Rule.
Ms. Patel, learned advocate for Nanavati Associates waives service of notice of Rule on behalf of the respondent original petitioner. In the facts and circumstances of the case and with the consent of learned advocates appearing on behalf of the respective parties, present application is taken up for final hearing today.
2. Present application has been preferred by the applicant original respondent directing the respondent original petitioner to pay 17-B wages on and from 1st September 2010 regularly every month. It has been submitted on oath that the applicant original respondent is not gainfully employed and therefore, as the order of reinstatement has been stayed, he is entitled to the wages under Section 17-B of the Industrial Disputes Act, 1947. Learned advocate appearing on behalf of the respondent has not filed any counter controverting the aforesaid and has not pointed out that the applicant has been gainfully employed. Hence, applicant is entitled to the wages under Section 17-B of the Industrial Disputes Act, 1947 on and from 1st September 2010. Hence, present application is allowed. Respondent is hereby directed to pay wages due and payable under Section 17-B of the Industrial Disputes Act, 1947 to the applicant on and from 1st September 2010 regularly every month. Arrears till October 2010 to be paid on or before 4th November 2010 and respondent to pay the wages under section 17-B regularly every month due and payable and between 1st and 7th of every english calender month. Rule is made absolute to the aforesaid extent.
(M.R.
Shah, J.) *menon Top