DUNGARBHAI DAHYABHAI PARMAR Vs. ASHOKA COTSYAN

JUDGEMENT

(1.) Nirbalki Ladai Balwan Se Yeh Kahani Hai Diye Ki Aur Toofan Ki

(2.) The interim order dated 29th February, 2000 passed by the learned Single Judge of this Court was challenged by the present petitioner before the Division Bench of this Court by filing LPA NO. 113 of 2000 and the Division Bench of this court has, by order dated 16.10.2000, dismissed the said LPA with a direction that it will be open for the original respondent to move for withdrawal of the amount of Rs.50,000.00 and on that occasion, the learned Single Judge will pass appropriate order in accordance with law. Thereafter, this court passed further order on 9.11.2000. Under the said order, the respondent workman was allowed to withdraw the amount of Rs.50,000.00 deposited by the petitioner pursuant to the order dated 29th February, 2000 made by the learned Single Judge of this Court. Under the said order dated 9.11.2000, this petition was ordered to be placed for final hearing in the final hearing board commencing from 27th November, 2000. However, the matter has remained pending thereafter.

(3.) In this civil application, the respondent workman has averred that he has lost site for more than a decade; he can walk only with someone's assistance on account of blindness; at present, his minor children run the house; the applicant, obviously, is not employed anywhere after he was made to resign under threat and coercion by the present respondent from his work and he is not getting any remuneration at all; the applicant is at present 54 years old. On the basis of such averments made in this civil application, the applicant has prayed for directing the original petitioner to pay to the applicant original respondent minimum wages as fixed by the competent authorities, that he would have been entitled to receive if he were not compelled to resign under threat and coercion, particularly in light of the fact that the applicant has become blind for more than a decade and has not reached the age of retirement as per section 17B of the I.D. Act from the date of the award or in the alternative from 20.2.2000.