BHADRESH KANJIBHAI PATEL Vs. INDIA MALT PVT LTD

JUDGEMENT

(1.) HEARD learned advocate Mr.Subramanian Iyer for the applicant being original respondent in main Special Civil Application no.2153 of 2013 and learned advocate Mr.Palak H.Thakkar for respondent being original petitioner.

(2.) ORIGINAL petitioner has challenged the award of the Labour Court, Vadodara dated 3.2.2012 in Reference (LCV) no.637 of 2003 whereby present applicant was ordered to be reinstated with 70% back -wages within 30 days. In such Special Civil Application, present respondent has also prayed for interim relief by way of stay against the execution, operation and implementation of the impugned award and after issuing notice to the other side, by order dated 12.3.2013 and after hearing both the sides, the operation and execution of impugned award was stayed by order dated 18.12.2013 while admitting the Special Civil Application. While passing such order, it was categorically stated as under.

(3.) THEREFORE , the facts are very much clear that the award dated 3.2.2012 was challenged in the month of February, 2013 and, thereafter, it was stayed in the month of December, 2013 and till then, present applicant has never bothered either to initiate execution of such award or to claim benefit u/s.17B of the Act. Even after admission of the main application on 18.12.2013, present application seeking direction against opponent no.1 company to pay the wages as required to be paid u/s.17B of the Industrial Disputes Act from the date of award passed by the Labour Court and to continue to pay the same regularly on month to month basis is preferred only on 25.1.2014 i.e. after a month though 10 days time was granted to file an affidavit.