- (1.) AN application has been filed under Section 17-B of the Industrial Disputes Act, 1947.
(2.) ADMITTEDLY, the award passed by the Judge, Labour Court, Bhilwara is under challenge in this writ petition and stay is operating, therefore, the petitioner has filed an application under Section 17-B of the Act of 1947 and submits that either to reinstate him or to pay the salary which was last drawn by him. In para 3 of the application, the following assertion has been made by the petitioner:- "3. That the respondent is unemployed and is facing great hardship for want of employment. He is not having any source of livelihood. In such circumstances, it is in the interest of justice that the respondent No.1 may be reinstated." In support of the application, petitioner has filed an affidavit that he is unemployed and there is no source of livelihood. In this view of the matter, the counsel for the respondent-workman submits that petitioner may be directed to comply Section 17-B of the Act of 1947 and pay the salary which was last drawn the day on which he was terminated from service. Learned Addl. Advocate General submits that no proper affidavit has been filed by the petitioner as required under Section 17-B of the Act of 1947, therefore, he is not entitled to get any benefits under Section 17-B of the Act of 1947 and this application deserves to be dismissed. After hearing learned counsel for the parties, I am satisfied with the specific assertion made in para 3 of the application by the workman that he is unemployed and is facing great hardships for want of employment and there is no source of livelihood.
(3.) IN t his view of the matter, the application filed under Section 17-B of the Act of 1947 is hereby allowed. The petitioner is directed to comply Section 17-B of the INdustrial Disputes Act, 1947 and pay salary to the petitioner from the date of award. The application filed under Article 226 (3) of the Constitution of INdia is hereby rejected.;