DTC Vs. JAI BHAGWAN

JUDGEMENT

(1.) CM No.12705/2004 (for stay) The interim order dated 9th February, 2005 staying the operation and implementation of the award dated 7 th February, 2003 of the Industrial Adjudicator impugned in this writ petition is made absolute till the decision of the writ petition. CM No.15814/2006 (of the respondent workman u/S 17B of the I.D. Act)

(2.) THE counsel for the respondent workman points out that in the order dated 3rd March, 2011, the application has been erroneously shown as of the year 2010 while it is of the year 2006.

(3.) ACCORDINGLY, the application is allowed with following directions: (i) the respondent workman to within two weeks of today file an affidavit in this Court undertaking to this Court to in the event of the writ petition succeeding, pay/refund to the petitioner DTC the excess amount over and above last drawn wages, if any received under order of this Court. (ii) Subject to the filing of the affidavit aforesaid, the petitioner DTC to within eight weeks of today pay to the respondent workman the arrears of 17B wages at the rate of last drawn wages/minimum wages whichever is higher from the date of the award i.e. 7th February, 2003 till 30th April, 2011, failing which besides other remedies of the respondent workman, the petitioner shall incur interest thereon at the rate of 10% per annum. (iii) the petitioner DTC to with effect from the month of May, 2011 pay to the respondent workman the 17B wages at the rate aforesaid month by month and by the 15th day of the succeeding month, failing which as aforesaid, the same shall incur interest at the rate of 10% per annum. The application is disposed of. W.P.(c) No.17138/2004