1 D.B. CIVIL SPECIAL APPEAL NO.452/2007 Bhanwar Singh Vs. State of Rajasthan & Ors. Date : 09.04.2007 PRESENT HON'BLE MR. JUSTICE RAJESH BALIA HON'BLE MR. JUSTICE BHANWAROO KHAN Mr. Pramendra Bohra for the appellant. Mr. L.R. Upadhyay, Dy. Government Advocate. ________ We have heard learned counsel for the parties on the merit of the appeal. This appeal is directed against the judgment of learned Single Judge dated 4.1.2006 refusing to grant stay of the award of the Labour Court which was under challenge in the writ petition which was admitted. The application under Section 17 B has been presented by the respondent workman along with affidavit that he is not gainfully employed during this period.. It has been brought to our notice that in the like circumstances, D.B. Civil Special appeal No.DR(J) 4350/2006 – Madan Lal & Anr. Vs. State of Raj. & Ors. whereby the learned Single Judge rejected the 2 application under Section 17-B where there was no interim order staying the award, was allowed by setting aside the order and directing the respondent-employer to pay the wages last drawn by the appellants in terms of Section 17B of the I.D. Act, 1947. The said judgment has since been followed by the Court in several cases in the like circumstances. Accordingly, this special appeal is allowed. The impugned order dated 4.1.2006 is set aside with the direction to the respondents to pay wages last drawn by the appellant as per Section 17B of the I.D. Act. No order as to costs. [BHANWAROO KHAN], J. [ RAJESH BALIA ], J. babulal/ 3 D.B. CIVIL SPECIAL APPEAL NO.DR(J)05519/06 Bhanwar Singh Vs. State of Rajasthan & Ors. Date : 09.04.2007 PRESENT HON'BLE MR. JUSTICE RAJESH BALIA HON'BLE MR. JUSTICE BHANWAROO KHAN Mr. Pramendra Bohra for the appellant. Mr. L.R. Upadhyay, Dy. Government Advocate. ________ Heard leaned counsel for the parties. This appeal is barred by limitation. The application under Section 5 of the Limitation Act has been moved. Having heard learned counsel for the parties we are satisfied that the appellant was prevented by sufficient case from filing the appeal within limitation. The delay in filing the appeal is condoned. The application is allowed. The appeal may now be registered. [BHANWAROO KHAN], J. [ RAJESH BALIA ], J. 4 babulal/