(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) RULE.
Learned Counsel Mr. Kishore Prajapati with learned Counsel Mr. Mehul Rathod appears for the respondent and waives service.
There is no dispute about the facts that by the award dated 22.10.2008 the applicant has been ordered to be reinstated by the Labour Court, Kutch in Reference Case (LCB No.32/2006). Upon that award being challenged before this Court by Special Civil Application No.9994/2009, the petition of the opponent is dismissed by an order dated 08.03.2010 of learned Single Judge of this Court. Thereafter, the opponent herein has preferred Letters Patent Appeal No.2171/2010 and injunction against implementation and execution of the original award is granted by the Division Bench while admitting the appeal. The applicant has stated on affidavit dated 23.05.2012 that he is not gainfully employed since the passing of the award and has no other source of income. The opponent herein does not controvert that factual position. Therefore, the opponent is required to make payment of the wages last drawn by the applicant. It was fairly conceded that such payment should be made from the date of the original petition. Accordingly, it is directed that the applicant shall be paid last drawn salary and admissible allowances with effect from 22.06.2009 and shall continue to make such payment from month to month till further orders during pendency of the appeal proceedings in terms of the provisions of Section 17-B of the Industrial Disputes Act, 1947. The arrears of wages shall be paid within one month.
Rule is made absolute accordingly. Direct Service is permitted.
Sd/-
(D.H.
Waghela, J.) Sd/-
(G.B.
Shah, J.) Caroline Top