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Judgment
I.A. No.1573 of 2023 and I.A. No.10886 of 2022
Mr. Senapati, learned advocate appears on behalf of applicant (workman) and submits, I.A. no.1573 of 2023 is application under section 17-B in Industrial Disputes Act, 1947. He submits, there be order in terms of prayer made in the I.A. as his client is suffering penury on having her service terminated. In the award challenged by the management, there was direction for reinstatement.
Mr. Nanda, learned advocate appears on behalf of the management. He submits, his client had filed I.A. no.10886 of 2022. In its stands disclosed documents to show the lady was working. He submits, adjournment be granted to enable his client to collect documents to demonstrate that she is still working.
The application under section 17-B is bereft of particulars. So far as the application of the management is concerned, we find there is a certificate, certifying that the lady worked from 26th April, 2020 to 4th May, 2020. Letter dated 18th July, 2022 written by the lady, Mr. Nanda submits to his client’s engaged learned advocate, purports to say that she is being prevented from obtaining employment because the management is making queries from potential employers, resulting in she being refused employment.
We note that the application under section 17-B is dated 6th February, 2023 and the lady had protested by her letter dated 18th July, 2022. When there was no application made under section 17-B it is clear that the management acted in a manner, which prevented her from obtaining employment. No wonder she has now approached for relief under section 17-B.
Applicant has liberty to file additional affidavit regarding particulars in support of the application under section 17-B. The management is also granted similar liberty to produce documents. Copies of the affidavits must be exchanged for them to be accepted on adjourned date.
List on 9th March, 2023 under hearing “For Orders”.
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