JITENDRA D JANI Vs. SOMNATH TRUST

JUDGEMENT

(1.) Rule. Mr. Mukesh Rathod, learned Advocate waives service of Rule on behalf of respondent. By consent, Rule is fixed forthwith.

(2.) The applicant workman has preferred this application for seeking direction to respondent for compliance with Section 17-B of the Industrial Disputes Act as the opponent has preferred the petition challenging the award passed by the labour Court being Special Civil Application No. 22229 of 2005, wherein, this Court (Coram: K.S.Jhaveri, J.) admitted the matter and issued Rule on 17.1.2006 and granted stay and the petitioner was given liberty either to reinstate the respondent or to comply with the provisions of Section 17-B of the Industrial Disputes Act.

(3.) Shri Rathod, learned advocate for opponent has resisted this application on the ground that applicant had been enrolled as an Advocate and the list is annexed showing the enrollment of the applicant with the Bar Council of Gujarat. Shri Rathod has relied upon the decision of the Apex Court in case of KAMALA NEHRU MEMORIAL HOSPITAL VS. VINOD KUMAR reported in 2006 SCC (L&S) 154 and submitted that the Advocate cannot be entitled to receive any remuneration under Section 17-B of the Industrial Disputes Act.