1 CA 8574.2011 in WP 1830.2008 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 8574 OF 2011 IN WRIT PETITION NO. 1830 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders CORAM : S.V. GANGAPURWALA, J. DATE :30/09/2011 PER COURT : 1. At the out set, Mr. Yenge, the learned counsel for the applicants seeks leave to delete applicant no. 2. Leave granted at the risk of the applicants. 2. This is an application filed by the applicants invoking Section 17-B of the Industrial Disputes Act, 1947 [ For short, ‘ I.D. Act ’ ]. 3. The Industrial Court had passed an order directing the present non applicant to reinstate the workers of the applicants along with continuity and back wages. Aggrieved thereby the present non applicant filed W.P. No. 1830 of 2008. This Court vide its Order dated 07/11/2009 admitted the Writ Petition and granted interim relief in 2 CA 8574.2011 in WP 1830.2008 terms of prayer clause C, thereby the order passed by the Industrial Court granting reinstatement to the present applicants is stayed. 4. Mr. Rodage, the learned counsel for the non applicant submits that the order passed by the Industrial Court itself was without jurisdiction and illegal. The second proceedings for the same relief can not be filed when earlier reliefs were rejected by the competent Court. 5. At the time of considering the application U/s 17-B of the I.D. Act, the only aspect required to be considered is whether the workman had been employed and had been receiving adequate remuneration during any such period. In the present case, it is not the case of the non applicant that the workers were employed at some other place. 6. Mr. Yenge, the learned counsel for the applicants relies on the Judgment of the Division Bench of this Court in the case between Ramjee Jaisingh and Company and R.K.Meshram reported in 1995 ( 17 ) FLL – 171. 7. The factual matrix that the Industrial Court has allowed the Complaint of the present applicants granting reinstatement, continuity and back wages, is not disputed, so also this Court has admitted the Writ Petition and stayed the order of reinstatement. In that light of the matter, the provisions of Section 17-B of the I.D. Act squarely apply and 3 CA 8574.2011 in WP 1830.2008 the non applicant is required to make the payment of the amount i.e. full wages last drawn by him. 8. In light of the above, the application is allowed and the non applicant is directed to deposit the said amount in the Court, which the workers of the applicants are entitled to from the date of the order passed by this Court on 07/11/2009. The non applicant shall deposit the said amount within the period of six ( 6 ) weeks from today i.e. 18/11/2011. The Civil Application is disposed of. [ S.V. GANGAPURWALA, J.] KNP/CA 8574.2011 in WP 1830.2008 4 CA 8574.2011 in WP 1830.2008