Bombay High CourtCAW/2514/2013dismissedrule discharged

M/S Chawla Transport, Through Shri Banwarilal Chawla Dead, Through L.Rs. Ashwin Banwarilalji Chawla v. Shri Manoj Wadguji Lohkar

2017-11-03Hon'Ble Shri Justice Z.A. Haq1 pages

1 caw2514.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO. 2514 OF 2013 IN WRIT PETITION NO.1273 OF 2012 (M/S. CHAWLA TRANSPORT, NAGPUR....VS.. MANOJ WADGUJI LOHKAR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.S.Tidke, Advocate for Petitioner.

Shri A.J.Pathak, Adv. H/f. Shri S.B.Dhande, Adv. for Respondent. CORAM : Z.A.HAQ, J.

DATED : NOVEMBER 03, 2017.

This application is filed by the respondent -employee under Section 17B of the Industrial Disputes Act, 1947 praying that the petitioner-employer be directed to pay wages from the date of award i.e. from 30th August, 2011 as per the Minimum Wages Act. This application is filed on 16th September, 2013. It is unexplained why the respondent has not taken steps to obtain orders on this application. The conduct of the respondent/ employee creates an impression that he might be gainfully employed somewhere else. In the above facts, I am not inclined to grant the prayer made in the civil application. The civil application is dismissed.

The above observations are prima-facie for considering the prayer made in the civil application and they will not affect the claim of the respondent for back-wages if required to be considered at the time of final hearing of the writ petition.

JUDGE RRaut..