NAVINCHANDRA LAXMIDAS MANDAVIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is preferred against the order passed by the learned single Judge in Special Civil Application No. 3007 of 1998 on April 24, 1998.

(2.) THIS appeal is required to be rejected on the ground of misleading the Court inasmuch as the learned advocate at the initial stage submitted that the workman was already reinstated in service and therefore the respondent State was required to pay the salary in accordance with the provisions contained in the Minimum Wages Act.

(3.) WE find that annexure-B to the present proceedings at page 15 is the order dated July 11, 1997 passed by the Competent Authority, wherein it is specifically mentioned that the State Government presented Special Civil Application No. 5709 of 1996 in the High Court. The High Court has passed appropriate orders, and the workman is to be paid salaries as per the provisions contained in Section 17-B of the Industrial Disputes Act, 1947. If that order is read in detail it becomes very clear that it was known to the workmen that he was entitled to get benefit of Section 17-B and nothing more.