:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2885 OF 2007 IN WRIT PETITION NO. 8537 OF 2004 Mr. Ramabhilakh M. Yadav ..Applicant Vs. Mukund Limited ..Respondent Mr. Y.M. Pendse for applicant. Mr. Rahul Oak i/by Mr. Piyush Shah for respondent. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. Date : February 20, 2008. Date : February 20, 2008. Date : February 20, 2008. P.C.: P.C.: P.C.: 1. Heard Mr. Pendse the learned counsel for the applicant and perused the affidavit-in-reply filed by the respondent-company. 2. This is an application filed under Section 17-B of the Industrial Disputes Act, 1947. Though the application has been filed on 28/11/2005 it came up before this court for the first time on 13/12/2007. The respondent-company by its reply has pointed out that the applicant is self employed in as much as he is driving an autorickshaw bearing No.MH-03-M-8916 and at the same time working in Shrikrishna Dairy, :2: Bhandup, Mumbai. It is not disputed that his last drawn wages were Rs.2500/- p.m. and, therefore, the company states that his present monthly income is more than the said amount. Mr. Pendse has placed before me the photostat copy of the applicant’s license for driving a commercial vehicle (LMV) and though the same was issued on 3/11/1998 it has been renewed for the period from 25/3/2005 to 28/3/2008 and on 24/3/2005 he has been allowed to drive rickshaw from Sion to Mulund and Bandra to Dahisar. Mr. Pendse has also pointed out that the Badge issued to the applicant is in respect of the autorickshaw bearing registration No.MH-03-AA-6858. It is quite possible that the applicant has changed the autorickshaw subsequently or he is driving an autorickshaw belonging to someone else. It cannot be accepted that the applicant is earning less than Rs.2500/- p.m. from driving autorickshaw as well as while working in Shrikrishna Dairy, Bhandup, Mumbai. 3. Hence, the application is rejected. :3: (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)