LAWS(DLH)-2019-2-424

HOLIDAY CLUB Vs. GAJRAJ SINGH

Decided On February 21, 2019
HOLIDAY CLUB Appellant
V/S
GAJRAJ SINGH Respondents

JUDGEMENT

(1.) This is an application filed by the respondent/workman praying for a direction to the petitioner/management to pay him his last drawn wages from the date of the impugned Award.

(2.) Before dealing with the rival contentions of the parties, it may be appropriate to note that the writ petition filed on 11th July, 2008, impugns the Award dated 28th June, 2003 passed by the learned Labour Court, Karkardooma Courts at Delhi, whereunder the petitioner has been directed to reinstate the respondent/workman along with 60% of his last drawn wages w.e.f 3rd October, 1988. The record shows that the respondent has been duly represented before this Court from 8 th September, 2008 but the present application seeking benefit under Section 17-B of the Industrial Disputes Act, 1947 (hereinafter referred to as the "Act") came to be filed only on 17th July, 2017.

(3.) Upon notice being issued in the application, the petitioner has filed a reply stating that the respondent is gainfully employed and is a man of means. The petitioner has further stated that the respondent has not produced any records or even a bank statement to show that he was not gainfully employed for the last twenty years. The record also shows that this Court had already taken up the present application for hearing on 31st October, 2018 and had directed the respondent to file a better affidavit, after noticing that there was something to be said about how he was sustaining himself for the last fifteen years.