VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 3030 OF 2007 IN WRIT Petition No. 4028 OF 2007 Nivrutti K. Pasalkar Petitioner Vs. E.C.Dusteriloh Pvt. Ltd. Respondents Mr. Nitin A. Kulkarni, for the Petitioner. Mr. Rohan S. Darandale i/b Rajesh Datar, for the Respondent. CORAM : Dr. D. Y. CHANDRACHUD, J. DATE : JULY 2, 2008. PC :- . The Civil Application is moved for the grant of relief under section 17(B) of the Industrial Disputes Act, 1947. The award of the Industrial Court granting reinstatement has been stayed by this Court. In para 4 of the Civil Application, it has been stated that the applicant is sustaining himself & his family by cultivating half an acre of land, from which he is receiving only Rs.100/- to Rs.200 per month, and that he is not gainfully employed. The defence in the affidavit in reply is that there is a holding of certain joint family land between five co-sharers. This would not disentitle the applicant to wages under section 17(B) of the Industrial Disputes - 2 - Act, 1947. In the result, the Civil Application is made absolute in terms of prayer (a), with the modification that the applicant would be entitled to wages under section 17(B) of the Act w.e.f. 4th September 2007. Civil Application is disposed of accordingly. Sd/- [ Dr. D. Y. CHANDRACHUD, J.]