-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.2685 OF 2008 In WRIT PETITION NO.1124 OF 2006 Mr.Dayashankar S. Yadav : Applicant (Orig.Respondent) V/s. Matru Milk Dairy : Respondent (Orig. Petitioner) ... Ms Pallavi Dedhia i/b. Sanjay Udeshi & Co., for the applicant. Mr.S.K.Chinchalikar, Asstt. Govt. Pleader for the respondent. ... CORAM : S.A. BOBDE, J. DATE : FEBRUARY 18, 2009. P.C. 1. This is an application under section 17B of the Industrial Disputes Act, 1947. The applicant was directed to be reinstated under the award of the Industrial Court. The petitioner has challenged the reinstatement. Rule was issued on the petition on 16.8.2006. This Court also granted stay of reinstatement. The applicant has applied for payment of last drawn wages under section 17B. -: 2 :- 2. The learned counsel for the respondent submitted that the applicant is gainfully employed and was not entitled to last drawn wages. However, after perusing the affidavits on record and hearing the learned counsel for the parties, it appears that the applicant has no source of income except the income that might be coming from the STD booth. He has stated that he is not plying any school bus or six-seater rickshaw as alleged. In fact, the mini-bus which he had purchased on loan apparently had to be sold by him. He has, however, admitted that he has a telephone booth in his name bearing telephone no.952512601959. He has, however, stated that the STD booth is being used by his family which consists of eight members who speak to relatives who reside outside Maharashtra. This does not appear to be probable. There is no reason why a person should incur the cost of establishing a STD booth in his house for making STD calls when such facilities are freely available these days. It is possible, however, that he does not have a large income. Therefore, on an ad hoc basis, the applicant’s income may be taken at Rs.600/- per month. Accordingly, the application is allowed to the extent that the respondent is directed to pay Rs.600/- per month from 16.8.2003 till date and continue to do so hereafter till the disposal of the petition. 3. Civil Application stands disposed of. -: 3 :- S.A. BOBDE, J.