Delhi Gymkhana Club Limited vs Shri Jagdish Chander And Anr.
2005 Latest Caselaw 934 Del

JUDGMENT

B.C. Patel, C.J.

1. The present appeal is preferred against the order made by learned Single Judge in CM No.6963/2001 in WP(C) No.1371/1999.

2. In the present case application being CM.8658/2005 is filed by respondent No.1. As learned counsel for the parties are appearing, we are taking up the matter for final disposal.

3. The order has been passed on an application by respondent No.1 under Section 17B of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act") whereby the appellant has been directed to pay to the respondent the full wages last drawn by him, which will be not less than the minimum wages applicable from time to time commencing from the date of the award.

4. The only question raised before us by the learned counsel for the appellant both at the first date of hearing and today is the grievance in respect of the amount of the difference between the minimum wages and last drawn wages not being secured by furnishing of security.

5. In terms of the orders passed on 11.4.2004, it was directed that the said differential amount will be paid on personal bond and undertaking for restitution of the amount to be submitted by the respondent No.1 and the amount was directed to be deposited by the appellant in Court within one week. The amount is so stated to be deposited.

6. In our considered view the impugned order needs to be modfied only limited to the extent as aforesaid and learned counsel for respondent No.1 is agreeable to the same. Thus on the respondent No.1 furnishing the personal bond and undertaking for restitution of the differential amount between the minimum wages and last drawn wages, the amount deposited by the appellant in Court be released to respondent No.1 and the appellant to continue to pay in terms of the impugned order dated 9.3.2005 and even thereafter.

7. The appeal and the applications stand disposed of.

8. The matter need not be listed on 19.7.2005.