Prem Shanker Asopa, J. - (1.) HEARD learned Counsel for the parties on the application under section 17 -B of Industrial Disputes Act, 1947. In this case, operation of impugned award was stayed on 19.7.2001 which is as follows: "Issue notice to the respondents. Rule returnable on 16.8.2001. The operation, implementation and execution of the award dated 20.11.1999 in LCR case No. 779/98 of labour Court shall remain stayed till returnable date."
(2.) ON 15.7.2009, time Was granted to learned Counsel for the petitioner to submit whether own business for earning livelihood comes within the category of gainful employment or not. Today, no citation has been given by the Counsel for the petitioner. However, it has been submitted in para -1 of the reply to additional para that the respondent workman is doing his own business and always busy in his own business and earning his livelihood by doing business by regularly sitting in Sharma General Stores situated at Chhabni Neem Ka Thana, Sikar. Thus, he is gainfully employed. It is further submitted that he often goes to Delhi for purchasing and selling commodities and also earning from the same and no license to disclose the business of Sharma General Store has been produced.
(3.) SUBMISSION of learned Counsel for respondent -workman is that doing his own business to sustain himself and his family cannot be said to be a gainful employment and further the respondent workman was claiming of benefit of section 17 -B of the Act of 1947 is not expected to sit idle at home.;