1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A.No. 748/2008 in Writ Petition No.6338/2006 The Sub Divisional Engineer and others Vs. Ajab Marotrao Gedam. ------------------------------------------------------------------------------------------- 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 : 18/07/2008. By this application, the respondent, in whose favour, award has been passed by the Labour Court, Amravati directing reinstatement of the respondent seeks relief under Section 17-B of the Industrial Disputes Act (“the Act” for short). In the application filed by the respondent which has been duly verified he has categorically stated that the respondent is unemployed till date which has not been seriously disputed on behalf of the petitioners. Mr. Patel, learned A.G. P. on behalf of the petitioners submitted that the respondent will be entitled to wages in terms of Section 17-B of the Act from the date of filing of the application. He has placed reliance upon the judgment of Division Bench in Amit Kumar Vs. Indian Airlines Ltd. (2006 (2) Mh.L.J. 210. Per contra, Mr. Jagtap, learned counsel on behalf of the respondent has invited my attention to paragraph 12 2 of the judgment of the Apex Court in Dena Bank Vs. Ghanshyam (2001) 5 SCC 169) The Apex Court has observed that import of Section 17-B of the Act clearly stipulates that the Parliament intended that the workman should get the last-drawn wages from the date of the award till the challenge to the award is finally decided. In view of the clear ratio laid down by the Apex Court, I am unable to place reliance upon the judgment of the Division Bench of this Court. In view of the above, the application is allowed. The petitioners are directed to deposit in this Court the last drawn wages payable to the respondents from the date of the award till June 2008 within a period of twelve weeks from today. The petitioners shall also deposit monthly wages payable to the respondent beginning from July 2008 on or about 10th of every month beginning from August 2008. Liberty to the respondent to withdraw the arrears of wages as well as monthly wages that will be deposited by the petitioners. Application stands disposed of. JUDGE Ambulkar.