Over 2 lakh Indian cases. Search powered by Google!

Case Details

UNION OF INDIA & ORS versus JUDGE,LABOUR COURT,JODHPUR & ANR.

High Court of Rajasthan

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


UNION OF INDIA & ORS v JUDGE,LABOUR COURT,JODHPUR & ANR. - SAW Case No. 220 of 2006 [2006] RD-RJ 768 (20 April 2006)

D.B.C.SPECIAL APPEAL NO. 220/2006

(UNION OF INDIA & ORS. VS. THE JUDGE, LABOUR COURT, JODHPUR)

Date of Order :: 20.4.2006

HON'BLE MR RAJESH BALIA, J.

HON'BLE MR R.P. VYAS,J.

Mr. Kuldeep Mathur, for the appellants

We are of the opinion that no case for interference in the order under appeal is made out.

The grievance of the appellant is that the ad-interim stay order dated 23.1.2006 has been made subject to condition of the petitioner complying with the provisions of Section 17B of the Industrial Disputes

Act, 1947. Obviously, there is no positive direction to make payment of last drawn wages to the respondent as apprehended by the learned counsel for the appellants. The language of Section 17B is very clear that where the workman had not been employed in any establishment during such period and an affidavit by such workman had been filed to that effect in the

Court, the workman is entitled to receive the last drawn wages from the employer unless the Court otherwise orders on being satisfied on the application of the employer that the workman during the period in issue was gainfully employed elsewhere. In the absence of any such order, the mandate of Sec. 17B operates automatically.

According to the learned counsel for the appellant still no application under Sec. 17B of the

Industrial Disputes Act has been filed by the respondent-workman with requisite affidavit so as to operate Sec. 17B.

The appeal is accordingly, dismissed.

(R.P.VYAS), J. (RAJESH

BALIA),J. /rm


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.