1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A. No. 2748.08 in WP No.774/2006 Municipal Council, Wardha Vs. Raju Rangdeoji Dhale ------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : A.P. LAVANDE, J. DATED : 03/07/2008. Heard Mr. Sambre, learned counsel for the petitioner and Mr. Kalbande, learned counsel for the respondent. This is an application under Section 17-B of the Industrial Disputes Act (hereinafter referred to as “the Act”) filed by the respondent, in whose favour the Award has been passed by the Labour Court granting relief of reinstatement. Mr. Kalbande has placed reliance upon the judgment of this Court in Vishwas Shankarrao Joshi Vs. Bank of Maharashtra (2005(3) Mh.L.J. 640) and submitted that in terms of Section 17-B of the Act, the petitioner is bound to deposit the arrears of wages from the date of Award and continue to pay monthly wages to the respondent. He invited my attention to the fact that in the application filed, the statement has been made that the 2 respondent is not gainfully employed. Mr. Sambre, learned counsel for the petitioner submits that the respondent is working as daily wager and as such gainfully employed and, therefore, he is not entitled to the relief under Section 17-B of the Act. Having considered the submissions made by learned counsel for the parties, I find that the respondent is entitled to the relief prayed for. The respondent has made categorical statement that he is not gainfully employed whereas the petitioner has stated that the respondent is daily wager without specifying how much amount he is earning. In view of the above, the application is allowed. The petitioner is directed to deposit the arrears of wages payable to the respondent from the date of the Award till 30th June, 2008 within a period of eight weeks. After deposit is made, liberty to the respondent to withdraw the amount. The petitioner shall continue to deposit monthly wages for the period July 2008 onwards from August 2008 on or before 10th of every month till the disposal of the petitioner. Application stands disposed of. JUDGE Ambulkar.