HANJAR CINEMA Vs. GENERAL MAJDOOR SANGH

JUDGEMENT

(1.) HEARD Mr. M.B. Gandhi, learned advocate for the petitioner and Mr. V.M. Dhotre, learned advocate for the contesting respondents.

(2.) IN Special Civil Application No. 8006 of 2004, the petitioner-Management has challenged the award of the Labour Court, Ahmedabad dated 10.03.2004 in Reference (LCA) No. 76 of 1997, by which eleven workmen, mentioned in the operative part thereof, are ordered to be deemed to be in service from 23.08.2001, with continuity of service, with full back wages. This petition was admitted by this Court on 10.08.2004 and the implementation and operation of the impugned award dated 10.03.2004 was stayed on condition of compliance with the provisions of Section 17B of the Industrial Disputes Act.

(3.) PURSUANT to the above observations, the workmen again moved an application being Civil Application No.57 of 2005 praying for wages under Section 17B of the Industrial Disputes Act, which was dismissed for default on 24.06.2005, which was subsequently restored on 21.03.2006 by the order of this Court recorded in Misc. Civil Application No. 797 of 2006. Thereafter, on the said application i.e. Civil Application No.57 of 2005, this Court on 24.04.2006 directed the original-petitioner Management to pay wages to the workmen under section 17B of the Industrial Disputes Act.