JAYANT PATEL, J. ( 1 ) RULE. Mr. Pathak, learned advocate for the opponent waives service of rule. ( 2 ) THE present application is preferred by the applicant for vacating the order dated 1. 4. 2003 passed in Civil Application No. 2300 of 2003 in Special Civil Application No. 509 of 2003. ( 3 ) HEARD Mr. Shah for the applicant and Mr. Pathak for the opponent. ( 4 ) IT appears that this Court, by order dated 1. 4. 2003 had directed for payment of wages under section 17. B of the I. D. Act. However, thereafter, as per the applicant Municipality, the opponent is gainfully employed in a Courier service. Mr. Pathak for the opponent submitted that the said contention raised by the applicant is not correct. He further submitted that the record produced by the Municipality is unbelievable. ( 5 ) UNDER the above circumstances, it appears that there are disputed questions of facts regarding gainful employment or otherwise of the opponent workman, and unless and until the question is resolved after giving opportunity to both the sides, the applicant cannot be made liable to make payment of wages under section 17. B of the Act. ( 6 ) IT will be for the opponent to move appropriate Recovery Application before the Labour Court for wages under section 17. B of the I. D. Act, and to establish the factual aspect as to whether the workman is gainfully employed or not. If the Labour Court, after giving opportunity of hearing to all concerned, comes to a conclusion that the workman is gainfully employed, then there is no question of recovery of wages under section 17. B. However, if it is established that the opponent is not gainfully employed, then the Labour Court may order recovery of the amount. The opponent may also move this Court in this petition, if required, after the proper order is passed by the Labour Court. ( 7 ) IN view of the aforesaid, Mr. Pathak for the opponent states that the workman will file appropriate application before the Labour Court at the earliest possible, but some directions may be given to the Labour Court to decide such application within a stipulated time. Mr. Shah for the applicant has no objection if such directions are given. ( 8 ) UNDER the above circumstances, order dated 1. 4. Mr. Shah for the applicant has no objection if such directions are given. ( 8 ) UNDER the above circumstances, order dated 1. 4. 2003 passed in Civil Application No. 2300 of 2003 in Special Civil Application No. 509 of 2003 shall stand modified to the effect that if it is ultimately established and held by the Labour Court in the Recovery Application which may be preferred by the opponent herein that the workman is not gainfully employed, then only there will be liability of the applicant to pay and continue to pay wages under section 17. B. It is further directed that if the workman prefers the application as observed earlier to the Labour Court, the Labour Court shall decide the same as early as possible, preferably within a period of six months from the date of filing of the application. ( 9 ) THIS application stands disposed of accordingly. Rule made absolute accordingly. No order as to costs. .