1. Ms.Shivani Rajpurohit for Mr.Amit Panchal learned advocate for the respondent states under the instruction of Shri Jagdish Trivedi, Chief Executive Authority of the respondent-original petitioner that the arrears of Rs.29,243/- under Section 17 (B) of the I.D.Act shall be paid to the workman on or before 13th July, 2012.
2. Shri Mishra, learned counsel appearing for the applicant submitted that as the employer has indicated reluctance to pay regularly, this Court may also attach condition that in case of failure in making payment, the appropriate interest also ordered to be paid.
3. Shri Mishra has justified in making this submission as the record indicate that the employer has not been vigilant and regular in making the payment of wages under Section 17 (B) of the I.D.Act. Therefore, before parting with this order, it is directed that the amount of Rs.29,243/- be paid to the workman on or before 13th July, 2012 as stated hereinabove and in case, if there is any default in making the payment by the said date, then the said amount shall be paid with interest of 12% per annum, to be counted from 13th July, 2012 till its actual payment.
4. This interest attachment to the non-payment factor shall not be treated as licence to withhold the payment and it will be open to the applicant to approach this Court complaining that the amount is not paid by 13th July, 2012. The employer-respondent is further directed to make regular payment of the last drawn wages to the workman on or before 3rd of every English calendar month, till the final disposal of main petition. With these observations, this Civil Application is disposed of. No order as to costs. Copy of this order be made available to the learned advocate for the parties, today, for its onwards transmission and compliance.
(S.
R. Brahmbhatt, J.) Rathod Top