LAWS(GJH)-2011-1-251

ZUBEDABEN A BAROT Vs. STATE OF GUJARAT

Decided On January 31, 2011
Zubedaben A Barot Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) RULE . Ms. Moxa Thakkar, learned AGP waives service of notice of Rule on behalf of Respondent. By consent Rule is fixed forthwith.

(2.) THE applicant has taken out this Civil Application for direction as well as the main petition have been taken up together as there were serious grievances made by the applicant in Civil Application that despite there being clear orders calling upon the employer Petitioner in main petition to comply with the order of making payment of last drawn wages under Section 17B of the Industrial Disputes Act, 1947, no effective steps have been taken. Only Rs. 9000/ - is paid from April, 2003 to June, 2004 and that too on 7.1.2006. Thereafter, repeated requests of the applicant as well as orders of this Court have been not heeded to and hence, a request for appropriate order was made.

(3.) THE applicant happens to be Respondent workman in main matter being Special Civil Application No. 16635 of 2003 had to move the Court raising industrial dispute above referred being Reference (LCV) No. 1050 of 1999, which came to be allowed by the competent court and the Petitioner employer was ordered to reinstate the applicant workman with full back wages and Rs. 500/ - towards costs. This award was made on 5.3.1997. Thereafter, matter was reopened and after hearing both the sides, the Court passed an award where under, the order of reinstatement was made and amount of back wages was reduced to 50% and costs of Rs. 2000/ - was awarded.