JUDGMENT : ASHOK KUMAR GAUR, J. 1. The respondent-workman has filed an application under Section 17-B of the Industrial Disputes Act, 1947 and has prayed that he may be paid monthly salary/last wages drawn by him at the time of termination of his service. The respondent has specifically mentioned in his application that he is out of employment and from the date of dismissal till date, he has no means of livelihood. 2. The workman has pleaded that he was dismissed from service vide order dt. 12th July, 2001, by the employer and when approval was sought by the employer by filing application under Section 33 (2) (b) of the Industrial Disputes Act, 1947, the same was rejected on 20th February, 2017, by the Learned Industrial Tribunal, Jaipur. 3. Learned counsel for the petitioner-employer has submitted that reply to the application filed under Section 17-B of the Act, 1947, has already been filed and since the workman has failed to file affidavit along with his application, it has to be presumed that workman is gainfully employed elsewhere and he concealed his fact of employment. 4. Mr. Om Prakash Sheoran, Adv. has further submitted that until a specific affidavit is filed that workman is not gainfully employed in an establishment, no relief can be granted as claimed by the workman. 5. I have considered the application and reply filed thereto. This Court finds that the respondent-workman while filing the application under Section 17-B of the Act, 1947 has specifically stated in para 2 of the said application that he is out of employment and is not gainfully employed from the date of dismissal till filing of the application and he has no means of livelihood. 6. The respondent-workman has filed an affidavit in support of Misc. Application and further declaration in view of 17-B of the Industrial Disputes Act, 1947. 7. The workman in para 3 of the said affidavit has specifically made a mention that he is not employed in any establishment during pendency of the proceedings and he is not receiving any adequate remuneration from anywhere during pendency of the proceedings. 8. Application and further declaration in view of 17-B of the Industrial Disputes Act, 1947. 7. The workman in para 3 of the said affidavit has specifically made a mention that he is not employed in any establishment during pendency of the proceedings and he is not receiving any adequate remuneration from anywhere during pendency of the proceedings. 8. Section 17-B of the Industrial Disputes Act, 1947, provides that the employer, if challenging the order of the Labour Court, Tribunal or National Tribunal where reinstatement of workman is directed and when such proceedings are pending in High Court or the Supreme Court, the employer is liable to pay such workman, during the period of pendency of such proceedings in the High Court or the Supreme Court, full wages last drawn by the workman inclusive of any maintenance allowance admissible to him under any Rule, if the workman had not been employed in any establishment during such period and an affidavit by such workman has to be filed to that effect in such Court. 9. This Court finds that since the writ petition filed against order of the Industrial Tribunal, Jaipur, directing reinstatement of the workman is pending before this Court and further affidavit has been filed by the workman by making a specific averment that he is not gainfully employed & the reply filed by the employer-petitioner is only to the extent of not filing proper affidavit and only on the presumption, it has been said that workman is not entitled for any payment during pendency of the proceedings before this Court, this Court deems it proper to allow the application filed by the respondent-workman under Section 17-B and it is ordered that during pendency of the writ petition, respondent-workman will be paid the last wages drawn by him till the disposal. 10. The petitioner would be held entitled to receive last wages drawn since filing of the writ petition by the employer from the month of September, 2017 and arrears on account of such wages shall be paid to the workman within a period of four weeks and regular payment will be made month to month basis till disposal of the writ petition.