Devubhai Tribhuvanbhai Patel C/o Azadsingh J. Pariha v. Saurashtra Paints Limited
2015-10-26
JAYANT PATEL, N.V.ANJARIA
body2015
DigiLaw.ai
JUDGMENT : Jayant Patel, J. Admit. Mr.Varun Patel, learned Counsel wavies service of notice of admission. 2. With the consent of the learned Counsel for both the sides, the appeal is finally heard. 3. The present appeal is directed against the order dated 24.4.2015 passed by the learned Single Judge of this Court in Civil Application No.1705 of 2009, whereby the learned Single Judge has rejected the application for payment of wages under Section 17B of the Industrial Disputes Act (hereinafter referred to as the "Act" ). 4. As such, the main SCA No.29888 of 2007 has been preferred by the respondent against the judgment and award passed by the Labour Court, Ahmedabad in proceedings of Reference (LCA) No.1456 of 2001, whereby the Labour Court had awarded reinstatement of the appellant workman with 75% back-wages and continuity in service. In the said SCA, at the time of admission, interim relief, subject to the compliance of Section 17B of the Act, came to be granted. It appears that thereafter the affidavit was filed on behalf of the appellant that he has not been gainfully employed. However, the wages were not paid as per Section 17B of the Act. Therefore, the appellant filed application being Civil Application No.1705 of 2009 in the main SCA for seeking direction to pay wages under Section 17B of the Act from the date of award till the final disposal of the petition. The learned Single Judge considered the matter and for the reasons recorded in the impugned order, dismissed the application. under these circumstances, the present appeal before this Court. 5. We have heard Mr.Mishra, learned Counsel for the appellant and Mr.K.M. Patel, learned Counsel appearing with Mr.Varun Patel, learned Counsel for the respondent. 6. After the matter was heard for some time, the learned Counsel appearing for both the sides are on agreement on the following aspects:- (1) The respondent Company original petitioner shall deposit an amount ofRs.7 lac with this Court, within one month from today, and the said amount ofRs.7 lac shall be invested by the Registry of this Court in FDR with State Bank of India initially for a period of three years and such investment shall be renewed from time to time until the petition is finally heard and the periodical interest on such investment, as and when it becomes due, shall be paid to the appellant. 7.
7. The aforesaid arrangement shall be in lieu of the wages to be paid under Section 17B of the Act and the amount of deposit ofRs.7 lac shall be subject to final order which may be passed by this Court in the main SCA. 8. The learned Counsel appearing for both the sides pray that the order passed by the learned Single Judge of this Court be modified to the aforesaid extent. 9. Considering the facts and circumstances, it appears that when the appellant workman as well as the respondent employer are agreeable for the aforesaid interim arrangement in lieu of the wages under Section 17B of the Act, such arrangement can be allowed to operate and as the interim arrangement is accepted by the workman, he will get some amount by way of interest on the aforesaid amount ofRs.7 lac. At the same time, the amount ofRs.7 lac, which may be deposited by the respondent is to remain as it is, subject to the final order, which may be passed by the learned Single Judge in the main petition. 10. We do not find it proper to have more discussion, since the learned Counsel appearing for both the sides are agreeable for the aforesaid interim arrangement. 11. In view of the above, the order passed by the learned Single Judge is modified to the following extent:- (1) The respondent Company original petitioner shall deposit an amount ofRs.7 lac with this Court, within one month from today, and the said amount ofRs.7 lac shall be invested by the Registry of this Court in FDR with State Bank of India initially for a period of three years and such investment shall be renewed from time to time until the petition is finally heard and the periodical interest on such investment, as and when it becomes due, shall be paid to the appellant. 12. The appeal is partly allowed to the aforesaid extent. Considering the facts and circumstances, no order as to costs. Writ Appeal partly allowed.