Heard learned Advocate Mr. Shakti S.Jadeja for applicant workman and Ms. Vandana Bhatt, learned AGP for respondent State.
This civil application is filed by applicant with a prayer to direct original petitioner to pay last drawn wages under sec. 17B of ID Act, 1947. Against this application, affidavit is filed by original petitioner and copy thereof is served to learned Advocate Mr.Shakti S. Jadeja. In Special Civil Application No. 9782 of 2009, this court has issued rule by making it returnable on 5th November, 2009, by order dated 25th September, 2009 and notice as to interim relief made returnable on 5th November, 2009. Labour Court, Rajkot has granted reinstatement inf avour of workman on same terms and conditions which were available to concerned workman. Till date, no interim relief has been granted by this court in favour of petitioner, therefore, at this stage, question of granting last drawn wages under section 17-B of ID Act, 1947 does not arise, therefore, main matter being Special Civil Application No. 9782 of 2009 is required to be heard by this court. Accordingly, this civil application is disposed of as no order is required to be passed by this court in this civil application. Special Civil Application No. 9782 of 2009 is adjourned to 14.5.2010 with a direction to Registry of this Court to notify said petition in first board.
(H.K.
Rathod,J.) Vyas Top