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Judgment
Hon''ble Jain, J.—Heard learned counsel for the parties. Order impugned in this intra-Court appeal, filed on behalf of appellant-employer, is the order dated 23.08.2012 passed by the Single Bench, whereby application u/s 17-B of the Industrial Disputes Act, 1947 (for short ''the Act''), filed by the respondent-workman, has been allowed and appellant has been directed to pay the respondent-workman the wages that he was last drawing at the time of his removal from service from the date of filing of application.
Submission of the learned counsel for appellant is that respondent-workman was in gainful employment and he had placed the documents on record to show that respondent-workman was in gainful employment, but still order has been passed u/s 17-B of the Act against the appellant.
Learned counsel for respondent submitted that respondent-workman was not in gainful employment and the documents placed on record by the appellant, were examined by the Single Bench and thereafter a finding has been recorded that respondent-workman was not in gainful employment and application u/s 17-B of the Act was rightly allowed. He supported the impugned order of Single Bench and prayed for dismissal of the intra-Court appeal.
We have considered the submissions of the learned counsel for the parties.
Learned Single Judge, after considering the submissions of the parties and material available on record, has come to a conclusion that respondent-workman was not in gainful employment and has allowed the application.
After considering the submissions of learned counsel for the parties and examining the material available on record, we are satisfied that the order passed by the Single Bench, in the facts and circumstances of the present case, is absolutely legal and justified and no interference in the same is called for in this intra-Court appeal.
The appeal is bereft of merits and the same is liable to be dismissed and is hereby dismissed with no order as to costs. Stay Application No. 12891/2012 also stands dismissed.