B R JYANI Vs. NATHU LAL SHARMA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The applicant-workman/respondent No. 1 Nathu Lal Sharma filed this second application under Section 17-B of the Industrial Disputes Act, 1947 to issue necessary direction to petitioner to pay the full wages to the respondent- workman last drawn by him from 2nd February, 1993 till date and further to pay monthly wages during the pendency of this writ petition.

(3.) The first application under Section 17-B of the Act was dismissed by this Court on 12th April, 2007 as not maintainable as present matter arises out of proceedings under Section 33(2)(b) of the I.D. Act. However, the learned counsel for the petitioner fairly and frankly admits and has not raised any objection about maintainability of this application under Section 17-B of the Act in view of the judgment of Division Bench of this Court in D.B. Civil Special Appeal (Writ) No. 706/2008 = 2009(2) RLW 1184 (Raj.) - Karan Singh vs. Authority Disciplinary Authority and another; decided on 18th December, 2008, wherein the Hon'ble Division Bench took a view that application under Section 17-B of the Act is maintainable in a writ petition arising out of proceedings under Section 32(2)(b) of the Act.