CYANIDES AND CHEMICALS COMPNAY Vs. MANSINGH MANGALRAM VARMA

JUDGEMENT

(1.) The present is an appeal under clause 15 of the Letters Patent by dissatisfied employer against order dated 06.08.2003 passed on Civil Application No.5334 of 2003 in Special Civil Application No.8729 of 2000, whereunder the learned Single Judge required the appellant to pay wages in accordance with section 17B of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act").

(2.) The short facts necessary for disposal of the appeal are that after pronouncement of the award the appellant preferred Special Civil Application No.8729 of 2000 with Civil Application No.3234 of 2003 and made a prayer to the Court for staying the operation of the award. The Court made an interim order on Civil Application No.3234 of 2003 on 06.05.2003 and directed the original petitioner to pay last drawn monthly wages to the workman with effect from 19.05.2000 till 30.04.2003 within six weeks from the date of receipt of the copy of the order and also directed the employer-appellant to pay regularly such wages under section 17B of the Act every month during pendency and till final disposal of Special Civil Application No.8729 of 2000.

(3.) It appears that during the pendency of the Special Civil Application the employer could collect certain facts and therefore, made Civil Application No.5334 of 2003 for recalling/ modifying the order dated 06.05.2003. It was submitted by the appellant that the appellant was gainfully employed and was engaged in fabrication and erection work and was carrying on business of a contractor in the name and style of V.K. Enterprise. Therefore, he was not entitled to any order under section 17B of the Act in his favour.