- (1.) THE Management, Hindustan Machine Tools Ltd. , Ajmer has filed this writ petition against the award dated September 21, 1988, passed by the Judge, Labour Court, Jaipur, in Reference Case No. ICR 157/83, which was published on December 28, 1988.
(2.) AN application dated December 17, 1989 under Section 17b of the Industrial Disputes Act, 1947 (for short, 'the Act') has been filed on behalf of the respondent No. 2 -- the workman, praying that a direction be given to the petitioner to make the payment of last drawn wages to him from the date when the writ proceedings were initiated/filed before this Court. In the application, in para No. 5, it has been stated that the respondent No. 2 - workman, prior to the award, was not employed in any other Industrial Establishment nor he is now gainfully employed in any Industrial Establishment, after the passing of the award till date. An affidavit in support of this application has also been filed.
(3.) A reply to this application has been filed on bahalf of the petitioner, in which, it has been stated that the respondent No. 2 has not come with clean hands and that the application is not in accordance with the provisions of Section 17b of the I. D. Act. It is submitted by Mr. Manoj Sharma, learned Counsel, that respondent No. 2 has mentioned in his application that he is not employed in any 'industrial Establishment', whereas the requirement of Section 17b is that he should not be employed in any 'establishment'. It is, therefore, pointed out that respondent No. 2 has deliberately avoided to give out the true facts. It is also submitted that the respondent No. 2 is employed in a tea shop, situated in Shastrinagar, opposite the residence of Shri Bhanwar Singh Choudhary and is earning adequate remuneration amounting to Rs. 150/- per day as per information gathered by the petitioner's Officer -Shri G. L. Chataria, whose affidavit in support of this has been also been filed.;