ASHOK KUMAR GAUR,J. - (1.) The respondent-workman has filed an application under Section 17-B of the Industrial Disputes Act, 1947 and has prayed that he may be paid monthly salary/last wages drawn by him at the time of termination of his service. The respondent has specifically mentioned in his application that he is out of employment and from the date of dismissal till date, he has no means of livelihood.
(2.) The workman has pleaded that he was dismissed from service vide order dated 12th July, 2001, by the employer and when approval was sought by the employer by filing application under Section 33 (2) (b) of the Industrial Disputes Act, 1947, the same was rejected on 20th February, 2017, by the Learned Industrial Tribunal, Jaipur.
(3.) Learned counsel for the petitioner-employer has submitted that reply to the application filed under Section 17-B of the Act, 1947, has already been filed and since the workman has failed to file affidavit along with his application, it has to be presumed that workman is gainfully employed elsewhere and he concealed his fact of employment.;