1 CAW NO.2297.10 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2297 OF 2010 IN WRIT PETITION NO. 4854 OF 2005 Shri Baban Dada Pol ... Applicant v/s 1. The Central Bank of India 2. The Presiding Officer, First Labour Court, Solapur. ... Respondents Ms Ujwala S. Waychal i/by Mr.V.S.Deokar for the applicant. Smt.Vasanti Kunder for the respondent No.1. CORAM: SMT.NISHITA MHATRE, J. DATED: 8TH OCTOBER, 2010 P.C.: 1. The civil application has been filed for wages payable under 17B of the Industrial Disputes Act, 1947 (in short, “the I.D.Act”). The petition was admitted on 25.8.2005. Ad- interim relief was granted on the same day which has been running till today in favour of the original petitioner. 2. The applicant has stated that he continues to be 2 CAW NO.2297.10 unemployed after the petition has been filed and, therefore, has claimed wages under Section 17B of the I. D. Act. 3. An affidavit has been filed by the applicant contending that he has admitted in his evidence before the Labour Court that he was working as an agricultural labourer and was drawing some income. It is, therefore, contended that the workman is not entitled to any relief. 4. In my opinion, the submission of the respondent No.1 Bank cannot be accepted. What is material while deciding whether the wages under Section 17B should be paid is not whether the workman was earning while the proceedings were pending before the Labour Court but whether he has been employed in any establishment after the writ petition was admitted by this Court and the award was stayed. There is no material whatsoever on record to indicate that after the award was stayed the applicant was employed in an establishment. Therefore, he would certainly be entitled to wages under Section 17B of the I.D. Act. 5. It is contended on behalf of the respondent No.1 Bank that, in view of the judgment of the Delhi High Court in the case of Management of M/s. Municipal Corporation of 3 CAW NO.2297.10 Delhi v/s Bhanwar Singh & anr., reported in 2010 Lab.I.C. 2933, the wages under Section 73B would be payable only after the date of filing of the application. It is submitted that, although the writ petition was admitted and the award was stayed in the month of August, 2005, the present civil application for wages has been filed only in the year 2010, after five years. 6. The application having been filed after the delay of five years, it would be appropriate to direct the payment of full wages last drawn as payable under Section 17B from the date of the application, in the circumstances of the present case. 7. Accordingly, the application is allowed in terms of prayer clause (i). 8. The arrears from the date of the application to be paid within four weeks from today The respondent No.1 Bank will continue paying wages under Section 17B of the I.D.Act regularly on or before the 7th of each month, during the pendency of the writ petition. ..... 4 CAW NO.2297.10 5 CAW NO.2297.10