1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A. No. 2745/08 in WP No.2711/2006 The Executive Engineer, PWD Vs. Shri Namdeo Govindrao Nandurkar ------------------------------------------------------------------------------------------- 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. Patel, learned A.G.P. 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. The respondent has filed affidavit saying that he is not gainfully employed. 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. 2 Learned A.G.P. for the petitioner has not seriously disputed that the respondent is not presently gainfully employed. Having considered the submissions made by learned counsel for the parties, I find that the respondent is entitled to the reliefs as prayed for. The respondent has made categorical statement that he is not gainfully employed whereas the petitioner states 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 month of 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.