Dilip Vilasrao Bhosale v. Force Motors Limited

1 20 CAW 1736-15 in WP 10341-13 w WP 1581-14.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1736 OF 2015 IN WRIT PETITION NO. 10341 of 2013 ALONG WITH WRIT PETITION NO. 1581 of 2014 Dilip Vilasrao Bhosale .. Applicant In the matter between Force Motors Limited .. Petitioner Vs.

Dilip Vilasrao Bhosale .. Respondent Ms.Mani Prakash i/b Kranti L.C, for the Applicant in C.A No.1736 / 2015 and Petitioner in W.P No.1581 / 2014.

Mr.S.K.Talsania -Senior advocate a/w Mr.Sagar Sheth and Ms Radha Ved, for the original Petitioner in W.P. No. 10341 / 2013 and Respondent in W.P. No.1581 of 2014 CORAM: N.M.Jamdar, J.

Saturday, 5 December 2015 P.C. :

The application is taken out for payment of wages under Section 17-B of the Industrial Disputes Act, 1947. The petition was admitted on 12 August 2014 and the execution and implementation of the impugned order was stayed. 2.

In the application, the Applicant has prayed wages from the date of termination. However, according to Section 17-B it has to

2 20 CAW 1736-15 in WP 10341-13 w WP 1581-14.doc be from the date of the petition. In the application, the Applicant has mentioned that he is earning around ` 3000 through a restaurant which he is running jointly with his wife. The learned counsel for the Applicant on instruction states that the last drawn wages were ` 6500. The learned counsel for the Applicant, on instructions, states that irrespective of the legal position, with a view to put an end to the dispute as regarding payment under section 17-B, the Applicant is agreeable to accept ` 3500 per month from 24 September 2013. In view of this position, the Civil Application is disposed of by directing the Respondent / original Petitioner to pay an amount of ` 3500 per month to the Applicant from 24 September 2013 onwards. The arrears to be paid within period of four weeks.

Civil Application is accordingly disposed of. (N.M.Jamdar, J.)