BHURABHAI ZALABHAI PATEL Vs. DY. EXECUTIVE ENGINEER

JUDGEMENT

(1.) The present application has been filed seeking direction upon the opponent authority to reinstate the applicant on his original post with continuity of service alternatively to pay the wages under Sec. 17B of the Industrial Disputes Act, 1947 (I.D. Act ).

(2.) Having regard to the submissions advanced by the learned advocate for the applicant as well as considering the averments made in the application and the affidavit filed by the applicant, the same reveals that the unemployment of the applicant is not disputed.

(3.) So far as a prayer with regard to demand of wages under Sec. 17B of the I.D. Act is concerned, it would be apposite to refer to the decision of Division Bench in case of Solaris Chemtech Industries Limited versus Musa Sakur Sama, 2018 LabIC 862, 2017 (4) LabLN 683. The Division Bench, after considering the judgment of Uttaranchal Forest Development Corporation and Ors. v K.B.Singh and others, (2005) 11 S.C.C. 449 has held thus: