Atul Ratilal Shah vs Nehru Foundation for Development and 2

Honourable Mr. Justice S.R. Brahmbhatt

Shri Mankad, learned advocate appearing for the civil applicant has very fairly and candidly accepted that the Civil Application would now not survived as the reinstatement though at place where the workman is asked to go on deputation is already ordered and the workman has infact to work at a place other then the original place of reinstatement. He, therefore, submits that but workman''s entitlement to receive the benefit of Section 17(B) of the Industrial Disputes Act, 1947 wages may not be denied to him by the employee after giving their willingness to offer employment in a different institution. This Court is of the considered view that while disposing of Civil Application, it is absolutely kept open to workman to agitate his right for wages u/s 17(B) for the period from 01/03/2008 to 10/11/2009 and from 11/11/2009 to 28/02/2011 and unless and until there is an adjudication of this two claims the respondent and the original plaintiff will not be pressed for the final disposal of the matter. With these observations and with the aforesaid liberty, the Civil Application is disposed of. No order as to costs.