CADILA PHARMACEUTICALS LIMITED Vs. JYOTIBEN HARISHBHAI PANDIT

JUDGEMENT

(1.) Leave to amend the date of filing of affidavit by the respondent.

(2.) This Letters Patent Appeal arises out of the judgment and order rendered in Civil Application No. 3385 of 2010 in Special Civil Application No. 3668 of 2009 rendered on 12th April, 2010, directing the appellant employer to comply with the provisions of Section 17B of the Industrial Disputes Act (hereinafter referred to as 'the I.D. Act') with effect from the date of award i.e. 12th February, 2008.

(3.) The grievance of the appellant is that the benefit of last wages drawn contemplated under Section 17B of the I.D. Act could not have been awarded from the date of the award. It should be in fact from the date of filing of affidavit by the employee to the effect that he was not gainfully employed. In support of this, learned Counsel for the appellant has relied on decision of the Apex Court in Uttaranchal Forest Development Corporation and Anr. v. K.B. Singh and Ors., 2005 11 SCC 449 and a subsequent judgment of Madras High Court between The Management of K.S.B. Pumps Limited and The Presiding Officer, Labour Court, Coimbatore and Ors. reported in, 2010 LLR 813 where the benefit of Section 17B of the I.D. Act was awarded from the date of filing of affidavit by the workman.