1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1966 OF 2010 IN WRIT PETITION NO. 9601 OF 2009 Mr.Hemant Shamrao Sankpal ... Applicant v/s Union of India & anr. ... Respondents Mr.M.S.Topkar for the applicant. Mr.R.A.Lokhande for the respondents. CORAM: SMT.NISHITA MHATRE, J. DATED: 5TH OCTOBER, 2010 P.C.: 1. The civil application has been filed for payment of wages under Section 17B of the Industrial Disputes Act. The application is opposed on the ground that the workman was not appointed as a regular postman but on a leave vacancy. It is also pointed out that the workman’s wife is earning and, therefore, he need not be paid wages under Section 17B as the family of the workman has a sufficient income. 2 2. In my opinion, both these contentions raised by the respondent in the civil application i.e. the original petitioner, are without merit. The issue whether the workman was employed on a leave vacancy or as a regular postman is yet to be decided in the writ petition. Apart from this, the fact that the workman’s wife is earning would not preclude him from being paid wages under Section 17B once the award for his reinstatement has been stayed. 3. Accordingly, the civil application is allowed in terms of prayer clause (a). 4. The arrears shall be paid to the applicant within 12 weeks from today. The applicant shall also be paid wages under Section 17B of the Industrial Disputes Act regularly every month, by 7th of each month. ..... 3