M J PATEL Vs. TATA CHEMICAL LTD

JUDGEMENT

(1.) THE applicant herein-respondent in Special Civil application No. 669 of 2007 has approached this Court for receiving last drawn wages as provided under Sec. 17b of he Industrial Disputes Act, 1947 (hereinafter referred to as the 'i. D. Act' for the sake of brevity) as the opponent in the present application-petitioner in Special Civil Application No. 669 of 2007 has challenged the award dated 6-12-2006 passed by the Labour Court, Jamnagar in Reference (LCJ) No. 372 of 1993 ordering reinstatement of the present applicant on his original post with 75% back wages with cost of Rs. 5000/-on the ground that the action of the opponent company was found to be mala fide by way of victimizing the workman and contrary to the principles of natural justice and without following the provisions of the I. D. Act.

(2.) THIS Court (Coram : R. M. Doshit, J.) vide order dated 9-1-2007 issued rule and granted ad-interim relief in terms of Para 5 (b) of the main matter. Para 5 (b) is in respect of staying the operation, implementation and effecting of the award dated 6-12-2006 passed by the Labour Court, Jamnagar in Reference (LCJ)No. 372 of 1993. The concerned workman-present applicant therefore, preferred an application seeking direction to the petitioner company-present opponent for paying last drawn wages to the applicant pending the aforesaid petition.

(3.) MR. R. P. Mankad, learned Advocate appearing for the applicant has submitted that the opponent company has failed in establishing by evidence that the applicant is employed in an establishment and has been receiving adequate remuneration so as to deny him the benefit of Sec. 17b of the I. D. Act. Mr. Mankad has invited the attention of this Court to the averments made in this application as well as the averments made in the rejoinder and sur-rejoinder and submitted that the allegation of the applicant receiving fees for conducting cases of some of the Union members of the opponent and even outsiders cannot be said to be sustainable merely on the ground of some affidavits which the opponent has obtained from some of the persons.