- (1.) This intra Court appeal has been filed by the appellants-petitioners-Bank aggrieved against the order dt. 03.07.2015 passed by the learned Single Judge, whereby the application filed by respondent under Sec. 17B of the Industrial Disputes Act, 1947 ('the Act') has been allowed and it has been held that the Bank is bound to comply with the provisions of the Act and pay to the workman, his last drawn wages from the date of filing of the application/affidavit within a period of two months. The Judge, Industrial Tribunal cum Labour Court, Udaipur in Labour Case No. 1/2000 by its award dt. 13.01.2003, came to the conclusion that the action of the Bank in treating the services of the respondent as having come to an end w.e.f. 06.02.1995 by its order dt. 28.05.1997 was illegal and void, the respondent-workman was entitled for being reinstated in service and other benefits and directed that respondent be reinstated in service and be paid the salary and other benefits w.e.f. 06.02.1995.
(2.) Feeling aggrieved, the appellant filed S.B. Civil Writ Petition No. 1861/2003. The writ petition was admitted and effect and operation of the award dt. 13.01.2003 was stayed.
(3.) The respondent-workman filed an application under Sec. 17B of the Act on 20.05.2003, a reply thereto was filed in September, 2005, however, the application remained pending. On 28.04.2008, it was directed in the writ petition that the application would be decided by a composite order on final adjudication of the writ petition, the said order was challenged before the Division Bench and the Division Bench while accepting the appeal, directed that the application be considered before hearing the case finally and a separate order be passed in that regard.;