RAVI R. TRIPATHI, J. ( 1 ) RULE. Mr. A. M. Dagli, learned Advocate appearing for the opponent-herein, waives service of Rule. With the consent of the learned Advocates, this Civil Application is taken up for final disposal today. ( 2 ) THE present Civil Application is filed for seeking compliance of the provisions of Section-17b of the Industrial Disputes Act, 1947 ("the Act" for short) from the date of the Conciliation Officers order dated 19th September, 2002 rejecting the Approval Application No. 118 of 1997. ( 3 ) AN affidavit-in-reply is filed in the main petition by Karmanbhai Desai, son of Shri Dhanjibhai, Assistant Legal Advisor, Gujarat State Road Transport Corporation, dated 18th June, 2003, wherein a report dated 17th May, 2003 along with a certificate dated 16th May, 2003 issued by M/s. Gujarat Glass (P) Ltd. is annexed. It is stated in the report dated 17th May, 2003 that on 16th May, 2003, Mr. N. M. Badgujar, Chief Security Officer, had gone to Amod Patiya, Tal. Hansot, District: Bharuch and had enquired into the matter and had found that the applicant-workman, Shabbirbhai, has two sons. The elder son, Sharifbhai, is serving in Newton Factory, Amod and he is getting a monthly salary of Rs. 2,000=00. The younger son, Sarfaraj, is at present staying with the applicant-workman and is having a small pan-cabin, opposite to the mosque on the side of the road, wherein he is selling pan, bidi, chocklet, biscuit, etc. and a machine is also installed there through which local phone calls can be made by paying Re. 1. It was also noticed that one Nasimbhai, who is sisters son of the present applicant, is managing that pan-cabin and is paying about Rs. 1,500=00 to Rs. 1,700=00 per month to the applicant-workman. It is also recorded that the applicant-workman, Shabbirbhai, is serving for the last five years with M/s. Gujarat Glass (P) Ltd. , Tarsadi as daily wager driver for Rs. 150=00 per day. It is also recorded in the report that Shri Pratikbhai Patel (Manager of M/s. Gujarat Glass (P) Ltd.) stated that barring four holidays, in a month, Shabbirbhai gets work for 26 days and thus, he is earning about Rs. 3,900=00 per month. It is also recorded in the report that a writing to that effect is enclosed herewith. It is also recorded in the report that Shri Pratikbhai Patel (Manager of M/s. Gujarat Glass (P) Ltd.) stated that barring four holidays, in a month, Shabbirbhai gets work for 26 days and thus, he is earning about Rs. 3,900=00 per month. It is also recorded in the report that a writing to that effect is enclosed herewith. The writing enclosed is dated 16th May, 2003 and it only says that Shabbirbhai M. Sheikh is working as a daily wager driver since about five years and that he is paid daily wage of Rs. 150=00 (including allowances) and for whatever number of days, he works, he is paid on that basis. Prima facie, the writing dated 16th May, 2003 and the finding recorded by the officer of the S. T. Corporation are at variance. In the inquiry report, it is specifically mentioned that the earning of the applicant is Rs. 3,900=00 per month from M/s. Gujarat Glass (P) Ltd. , while the writing does not record the same. In the writing, it is mentioned that for whatever number of days, he works with the factory, he is paid at the rate of Rs. 150=00 per day inclusive of allowances. ( 4 ) THE affidavit-in-reply of the S. T. Corporation is controverted by the applicant-workman by filing rejoinder affidavit and along with the rejoinder, a certificate dated 21st June, 2003 is produced wherein the same facts, which are in the writing dated 16th May, 2003, are repeated. It is stated in the certificate that Shabbirbhai M. Sheikh is working as a daily wage casual employee for last about five years. It is stated that on an average, for 10 days, he works in a month when the permanent driver is either absent or is on leave. It is further stated that as and when he is given work, he is paid the prevalent labour of minimum wage on voucher. ( 5 ) IN view of the aforesaid facts, the present Civil Application is allowed. The S. T. Corporation is directed to comply with the provisions of Section-17b of the Act. It is clarified that if the S. T. Corporation is having the details of any amount being earned by the applicant-workman, the same shall be deducted from the amount payable under Section-17b of the Act. The S. T. Corporation is directed to comply with the provisions of Section-17b of the Act. It is clarified that if the S. T. Corporation is having the details of any amount being earned by the applicant-workman, the same shall be deducted from the amount payable under Section-17b of the Act. The amount, which is deducted by way of earning of the applicant-workman, should be on the basis of a reliable document thereof and not on some conjectures, as are noted in the report of the Officer of the Corporation. The S. T. Corporation is directed to submit a report of the compliance of this order by 29th January, 2004. Office is directed to list the main Special Civil Application No. 789 of 2003 on 29th January, 2004. Rule is made absolute to the aforesaid extent only. No order as to costs. .