1. Civil application is taken out by the applicant / respondent in Special Civil Application for seeking appropriate relief as under:
(A) That Your Lordships be pleased to allow this Civil Application and be pleased to direct the respondent to pay wages to the applicant as required u/s 17B of the Industrial Disputes Act, 1947, from the date of award and be further pleased to direct the respondent to pay and continue to pay the wages as required u/s. 17B of the I.D. Act;
(B) Any other and such further relief as the Hon'ble Court deems fit and proper in the interest of justice together with costs.”
2. Applicant's advocate has invited this Court's attention to the affidavit of unemployment filed in the main matter, copy whereof is served upon the advocate for the employer on 14/12/2011, who has put his endorsement on it. No reply is filed in this application. As the employer i.e. petitioner of Special Civil Application No.14030 of 2011 has not fulfilled statutory obligation qua payment of wages under section 17B I.D. Act to the workman, that Special Civil Application is required to be dismissed for default. Accordingly Special Civil Application No. 14030 of 2011 is dismissed. Rule discharged. Interim relief, if any granted is vacated. However there shall be no order as to costs.
3. Restoration application, if any to be filed, the employer will be first under an obligation to indicate 17B wages are paid and provisions of 17-B are complied with. Thereafter only the restoration application would be considered.
4. In view of order passed in main matter civil application is disposed of. No costs.
[ S.R. BRAHMBHATT, J ] /vgn