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Manojbhai Eknathbhai Thorat vs State Of Gujarat Thro

High Court Of Gujarat|18 October, 2013
The present applicant is the original respondent in Special Civil Application No.2889 of 2012. In the main petition, challenge is made by the Government through Social Defence Department to the award of the Labour Court, Valsad dated 21.01.2011 in Reference (LCV) No.1 of 2004, whereby the action of the petitioner authority of discontinuing the service of the present applicant is held to be illegal and the applicant is directed to be reinstated with 25% back wages.
2. This Court (Coram : Hon'ble Mr.Justice K.S.Jhaveri, J.) had, vide order dated 13.03.2012, passed the following order:
Rule. In the meantime, there shall be an ad-interim relief qua continuity of service and 25 % back wages are stayed on condition that respondent-workman will be reinstated before the returnable date.
Notice as to confirmation of interim relief returnable on 11th April, 2012. It will be open to the petitioner to serve the respondent by direct service as well as registered post A.D.
3. The above order is subsequently confirmed by the order dated 12.04.2012.
4. It is agitated through the present application that, not only the reinstatement was delayed for non default on the part of the present applicant, even after the reinstatement, no payment was made by the Authorities and therefore, the present application was filed. It is stated that during pendency of this application, the opponent Authorities have started making payment at the rate of Rs.45/- per day. It is contended on behalf of the applicant that he should be paid regular wages, but even that controversy can be gone into at later stage, however, the Authorities cannot be permitted to pay wages even less than what is payable under the Minimum Wages Act. It is already indicated by learned AGP Mr. Vishal Patel that minimum wages payable under the Minimum Wages Act is at the rate of Rs.221=30 paisa, per day.
5. In above circumstances, the applicant can not be denied wages, atleast what is decided by the Government under the Minimum Wages Act. Though this application is heard time and again and the matter was adjourned from time to time at the request of the authorities of the Government, and earlier, even the Deputy Director of Social Defence Department, Ms.Dinaben Patel, had personally remain present before this Court, as reflected in the order dated 06.09.2013, the payment has continued at the rate of Rs.45/- per day.
6. Under these circumstances, it is directed that the Director of Social Defence, Gujarat State, Gandhinagar shall personally remain present before this Court on 24.10.2013. If payment as stipulated by the Government under the Minimum Wages Act is paid to the applicant by that day, the Court may consider exemption of appearance of the Director of Social Defence, Gandhinagar. List on 24.10.2013.
(PARESH UPADHYAY, J.) salim/12 Page 3 of 3
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