STATE OF GUJARAT Vs. INDUBEN ARVINDBHAI PARMAR

JUDGEMENT

(1.) Since the Civil Application for wages under Section 17(B) filed by the original claimant - respondent in the main petition has been notified for hearing, the court has thought it fit to take up the application for hearing with the main matter with the consent of the learned advocates for the respective parties in view of the short issue involved in the main petition.

(2.) The government is the petitioner in the main matter challenging the award of the Labour Court dated 10.02.2017 by which the petitioner has been asked to reinstate the respondent. The chequered history of the litigation is that the respondent workman - original claimant had approached the Labour Court by raising an industrial dispute which was referred to the Labour Court, Jamnagar. The reference wa ORAL ORDER

(3.) Mr. Shriraj Shah, learned advocate for the petitioner would submit that pending the petition, the petitioner was not gainfully employed and therefore the application for wages under Section 17(B) of the Industrial Disputes Act was filed. Perusal of the application would indicate that the application was fi deserved to be reinstated in service. The award of the Labour Court was therefore of reinstatement without backwages. Admittedly, the award denying backwages has not been a subject matter of challenge by the respondent claimant. Perusal of the award of the Labour Court indicates that the evidence has been collectively assessed by the Labour Court by which the court has awarded reinstatement without backwages.