HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL No.72 of 2010 DATE:25-02-2010 BETWEEN Bharat Dynamics Limited, Kanchanbagh, Hyderabad, rep. by its Chairman-cum-Managing Director. …Appellant AND The Presiding Officer, Industrial Tribunal-cum- Labour Court, Chandra Vihar, M.J.Road, Nampally, Hyderabad & Others. …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL No.72 of 2010 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) This writ appeal is directed against the orders of the learned single Judge, dated 3.4.2008 vacating the interim stay granted on 29.4.2005 in W.P.M.P.No.13448 of 2005 in W.P.No.10404 of 2005 on the ground that the appellant has not complied with the provisions of Section 17-B of the Industrial Disputes Act, 1947 (for short ‘Act’). The learned single Judge of this Court by order, dated 29.4.2005 granted interim stay in the writ petition subject to compliance of Section 17-B of the Industrial Disputes Act, 1947. It is not in dispute that all the workmen have to file individual affidavits stating that they have not gainfully employed in any establishment during the relevant period and the management is under obligation to pay the wages under Section 17-B of the Act. Admittedly, in the present case, except the respondent No.14 herein, the other respondents-workmen have not filed individual affidavits. In that view of the matter, the learned single Judge is not justified in vacating the interim stay on the sole ground that Section 17-B of the Act has not been complied with by the appellant. We accordingly modify the impugned order as under: ‘On filing the individual affidavits by the respondents- workmen in the required form within two weeks from the date of receipt of a copy of this order, the appellant- management shall comply with the provisions of Section 17- B of the Act within four weeks thereafter, in default of which, the interim stay granted on 29.4.2005 stands vacated.’ The Writ Appeal is accordingly disposed of. No order as to costs. _______________ A. GOPAL REDDY, J. _________________ VILAS V. AFZULPURKAR, J. FEBRUARY 25, 2010 Tsr.