DTC Vs. LAXMAN SINGH

JUDGEMENT

(1.) THIS Court vide order dated 18th October 2006 directed the petitioner to pay the amount equivalent to last drawn wages/ minimum wages to respondent from the date of filing the present writ petition till disposal under Section 17-B of industrial Disputes Act. The present application has been moved by the petitioner under Section 151 of CPC for modification of the order dated 18th october 2006. The petitioner has prayed that under the directions of this court, the petitioner was to pay the last drawn/ minimum wages whichever was higher to respondent. The management of petitioner vide its resolution dated 13th August 2008, in the wake of policy decision taken by the competent authority, is prepared to pay the minimum wages to respondent however, the respondent should work with the petitioner in lieu of the wages being received. It is stated that this will not prejudice the rights of the workman and the workman would not be getting money from the petitioner without work. A prayer was made to the Court that the workman should be directed to report for duty.

(2.) THE workman during arguments has stated that he was prepared to join duty if he was paid wages equivalent to other workmen in the same category.

(3.) THE petitioner has drawn my attention to the order dated 15th April 2004 whereby this Court had observed that since the respondent has been offered reinstatement and he was not accepting the same, he cannot be given benefit under Section 17-B of the Industrial Disputes Act.