Page No.# 1/3 GAHC010240242025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3511/2025 BIREN SINGHA S/O- SRI BARUN SINGHA, R/O- HOUSE NO. 2, UDAY NAGAR, FATASSHIL AMBARI TINIALI, KAMRUP (M), GUWAHATI, ASSAM-781025. VERSUS M/S GULF ASHLEY MOTORS PVT LTD A COMPANY DULY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT NO. 1, SARDAR PATEL ROAD, GUINDY, CHENNAI-600032 AND ONE OF ITS WORKSHOP DPS SCHOOL ROAD, NEAR SANSKRIT GURUKUL SCHOOL, AHOMGAON, GARCHUK, GUWAHATI-781035, ASSAM, REPRESENTED BY ITS WORKSHOP MANAGER SHRI PAPAN SARKAR. Advocate for the Petitioner : MR F Z MAZUMDER, Advocate for the Respondent : MR. M SHARMA, MS. S YASMIN,MR P AGARWAL BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 23.03 .2026 Heard learned counsel for the parties. 2. This application is filed under Section 17(B) of the Industrial Disputes Act, Page No.# 2/3 1947. The applicant was serving under the opposite party/ writ petitioner. 3. Pursuant to proceeding initiated against him, the petitioner was terminated from service which resulted in an industrial dispute and reference was made being Reference Case No. 04/2022 before the Labour Court, Kamrup. 4. The Labour Court by award dated 16.12.2024, ordered the management to reinstate the workman, namely the writ petitioner with full back wages immediately as per provision of law. 5. The management has challenged this award by filing WP(C) No. 3102 of 2025, where notices were already been issued. 6. The present Interlocutory Application has been filed by the petitioner seeking a direction from the Court to enforce provisions of Section 17(B) of the Industrial Disputes Act, 1947, that the respondents be directed to give the wages which the petitioner was drawing at the time of his termination as he is not gainfully employed anywhere. The petitioner has filed sworn affidavit to that effect which is enclosed to the I.A. 7. The opposite party/ writ petitioner has contested the case by filing an application under Section 17(B), disputing the claim of the petitioner that he is not gainfully employed anywhere. However, no specific averment is seen in the objections referring to any instances to show how the petitioner is gainfully employed and therefore not entitled to benefit under Section 17(B) of the Industrial Disputes Act, 1947. 8. A perusal of Section 17(B) is that the petitioner has to assert by way of filing an affidavit the he is not gainfully employed pursuant to his termination during the pendency of the proceeding before the Hon’ble High Court/ Supreme Court as the case may be. 9. Such an affidavit is already on record with clear averment that the Page No.# 3/3 petitioner is not gainfully employed. Although, the objections have been filed by the opposite party/writ petitioner, as discussed, no instances have been brought to the notice of the Court as to how the petitioner is otherwise gainfully employed, and thereby precluded him from the benefits prescribed under Section 17(B) of the Industrial Disputes Act, 1974. 11. Having considered the provisions of the Act and also upon perusal of the pleadings available before this Court and also upon due consideration of the law laid down by the Apex Court, it is seen that the petitioner has stated specifically that he is not gainfully employed. No evidence or instances are brought before the Court by the opposite party/ writ petitioner to substantiate their claims that the petitioner is not entitled to benefits under Section 17(B) of the Industrial Disputes Act, 1947, this Court is of the view that the I.A. filed by the applicant under Section 17(B) of the Industrial Disputes Act, 1947 deserves to be allow. The opposite party/ writ petitioner will forthwith grant to the petitioner the last drawn wages at the time when the petitioner was terminated with effect from 02.06.2021. The last drawal wages shall be given to the petitioner with effect from the date of the award passed by the Labour Court i.e. 16.12.2024 in reference case no. 04/2022. 12. Interlocutory Application, accordingly stands allowed and disposed of. JUDGE Comparing Assistant