The applicant has taken out this application for seeking appropriate direction qua their liability to pay 17-B wages to the workman, who has attained the age of superannuation. The applicant kept on paying 17B wages even after one year from the date of superannuation. When it was noticed that the workman has crossed the age of superannuation, the wages were stopped and application praying for recovery was also made, but learned advocate appearing for applicant Shri Patel does not press this prayer at this stage for the purpose of this Civil Application and prays that in light of the decision of this court in case of Essar Project Ltd. Vs. N.D.Jagdishwara, reported in 2012 (1) GLH 710, the employer be absolved from his liability to pay 17B wages during the pendency of the petition.
Learned advocate Shri Mankad appearing for opponent in this application and respondent in main matter contended that the grievance of the workman is with regard to conduct of the employer. The age of superannuation is disputed question of fact and therefore, in case, if the court is not inclined to continue the 17B wages, then, the liberty be reserved to the workman for making his case good qua age of superannuation at the time of final disposal of main matter.
At this stage, Shri Patel, learned advocate for applicant submitted that in fact, there exists no ambiguity qua age of superannuation, however, if the court is inclined to reserve liberty to the workman, qua the age of superannuation, then, in that case, liberty be also reserved to the employer for reviving the claim of recovery of the period for which 17B wages are paid after the age of superannuation.
In view of these both the liberty as aforesaid to be parties, the Civil Application is disposed of. The employer shall not at this stage press for recovery and employer is absolved of paying 17B wages hereafter and the issue with regard to age of superannuation as well as recovery of the period of age of superannuation of 17B wages, would be subject matter of final outcome and decision in main matter. There shall be no order as to costs. Registry is directed to keep the main matter being Special Civil Application No. 669 of 2007 for hearing in the week commencing from 20.8.2012.
(S.R.BRAHMBHATT, J.) pallav Top