BELOW SPEAKING TO MINUTES.
1. Heard Mr. M.P. Mehta, learned advocate for Mr. Dipak R. Dave, learned advocate for the petitioner. Mr. Thakur, learned advocate for the respondent is not present.
2. The reference of the compliance with the requirement under Section 17-B of the Industrial Disputes Act, 1947 is inadvertently incorporated in the order dated 22.2.2011. Therefore, paragraph No.3 of the order dated 22.2.2011 is ordered to be substituted with following paragraph.
"3. By way of interim relief, it is directed that the implementation of the award shall remain stayed on the condition that the petitioner shall deposit a sum of Rs.1,00,000/- in a Nationalized Bank in Fixed Deposit in the name of the respondent and the receipt of Fixed Deposit will be kept with the Registry of the learned Labour Court. The amount shall be invested initially for a period of 5 years and then shall be renewed from time to time until final decision in the petition. The Fixed Deposit shall not be released without Court's order and shall not be encumbered in any manner by anyone. Neither of the parties to the proceedings create any charge in any manner whatsoever against the said Fixed Deposit.
3. Since the petitioner did not deposit the amount for almost 2 months after the order and also did not move appropriate application seeking correction / modification of the order for almost 2 months, the petitioner shall pay cost of Rs.250/- towards cost and loss of interest to the respondent. The petitioner is granted one week time to make deposit as aforesaid. If the deposit is not made within one week from today, the order of interim relief shall not take effect.
4. With the aforesaid clarifications the note stands disposed of.
(K.M.THAKER,J.) Suresh* Top