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2025 DAILYLAW 46688 (RAJ)

MANAGER, SHRI 1008 CHAND PRABHU DIGAMBAR JAIN ATISHAY KSHETRA DEHRA v. BABULAL YADAV S/O BEGRAJ YADAV

CW/6532/2023 · 2025-12-02

Ashok Kumar Jain

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6532/2023 Manager, Shri 1008 Chand Prabhu Digambar Jain Atishay Kshetra Dehra ----Petitioner Versus Babulal Yadav S/o Begraj Yadav ----Respondent For Petitioner(s) : Mr. Dikshant Jain for Mr. Siddharth Jain For Respondent(s) : Mr. Jitendra Kumar Sharma HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 21/05/2025 The matter comes up on an application no.1/2023 filed by the respondent-workman (for brevity, 'workman') under Section 17-B of the Industrial Disputes Act, 1947 (for brevity, 'Act of 1947'). Indisputably, there is an award dated 21.12.2022 in favour of the workman whereby, the learned Industrial Tribunal and Labour Court, Alwar issued a direction to reinstate him back in service with continuity in service and payment of 50% of the back wages. There is an interim order dated 01.05.2023 passed by this Court staying the operation of the award dated 21.12.2022 to the extent of reinstatement and the award amount of back wages has been directed to be kept in FDR which is not to be disbursed till order of this Court. It is stated in the application on oath that the workman is not gainfully employed. This averment is not rebutted by the (2 of 2) [CW-6532/2023] petitioner-employer. In view thereof, all the conditions necessary for grant of the order under Section 17-B of the Act of 1947 stand satisfied. Resultantly, the application is allowed. The petitioner is directed to make payment of wages last drawn to the workman from the date of filing of the writ petition. The arrears shall be paid within a period of 12 weeks from today failing which it shall carry interest @ 6% per annum after the expiry of period of 12 weeks. The petitioner shall further continue to pay last wages drawn on month to month basis regularly either till the workman attains the age of superannuation or till the writ petition is decided, whichever is earlier. (MAHENDAR KUMAR GOYAL),J PRAGATI/92