Fri. Apr 23rd, 2021

The Director (Admn) National … vs Shri Suresh Kumar on 20 June, 2017

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W.P.(C) 23152/2005 Page 1 of 45
2. Notice of this petition was issued to the claimant / respondent
herein Sh. Suresh Kumar in terms of order dated 07.12.2005 and
RULE was issued vide order dated 20.10.2010. During the course of
the proceedings vide order dated 09.09.2011 in C.M. Application
No.10451/2010 under Section 17B of the Industrial Disputes Act,
1947 (filed by the applicant i.e. respondent herein only on 30.07.2010)
(hereinafter referred to as the I.D. Act, 1947) filed by the respondent
submitting that he had not been gainfully employed in any
establishment after the date of termination of his services on
01.11.1995, the management i.e. the petitioner herein was directed to
pay the last drawn wages or the minimum wages whichever was
higher from 01.08.2010 onwards and continue to pay the same during
the pendency of the petition and it was further directed that monthly
wages would be paid to the respondent by the 7th day of each month
with the arrears of wages directed to be paid within a period of four
weeks from the date of the said order. The respondent was further
directed to file an undertaking by way of an affidavit stating that in the
event of the petitioner succeeding in the writ petition, the respondent
would refund to the petitioner management, the difference between the
minimum wages and the last drawn wages. The said undertaking was
filed by the respondent by way of an affidavit dated 20.09.2011.

Source: Indian Kanoon

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