RAMPRAKASH R UPADHYAY Vs. MANAGER RANG PHARMACETICALS INDUS

JUDGEMENT

(1.) HEARD learned Advocate Mr. PH Pathak for the applicant original workman and Mr. JV Japee, learned Advocate for the opponent original petitioner first party.

(2.) MAIN matter being SCA No. 24778 of 2006 has been filed by the original petitioner challenging award made by the labour court, Bharuch in Reference (LCB) No. 19 of 1997 dated 31. 7. 2006 wherein the labour court has granted reinstatement with 40% back wages for interim period. In the said petition,rule has been issued by this court on 30. 11. 2006 and ad. interim relief has been granted by this court but on 12. 3. 207, ad interim relief in terms of para 8 (b) was confirmed subject to compliance of section 17b of the ID Act, 1947, meaning thereby, reinstatement has been stayed by this court. Order of dismissal/discharge/termination is dated 18. 10. 1996 and more than 12 years have passed from the date of dismissal. Respondent workman is suffering from cancer as per the observation made by the labour court in para 2 of award after considering the statement of claim filed by the workman.

(3.) PRESENT civil application has been filed by the workman with a prayer to grant benefit of section 17b of the ID Act, 1947 as the reinstatement has been stayed by this court and he is without work, not gainfully employed in any establishment and he is willing to work and not gainfully employed and not receiving any remuneration from any establishment. Some miscellaneous work is being done by his wife and accordingly, he is maintaining his family.