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1997 Supreme(SC) 1489

S.C.AGRAWAL, V.N.KHARE
Dena Bank – Appellant
Versus
Kiritikumar T. Patel – Respondent


JUDGMENT

S.C. Agrawal, J.-Special leave granted.

The question that falls for consideration in this appeal is whether the expression "full wages last drawn" in Section 17-B of the Industrial Disputes Act, 1947 (hereinafter referred to as `the Act ) means wages drawn by a workman at the time of termination of his employment or wages which he would have drawn on the date of the award.

2. The respondent was employed as Clerk-cum-Cashier with the appellant-Bank. After holding an inquiry into charges relating to misappropriation of funds of the Bank to the tune of Rs. 5,000/- as contained in charge sheet dated June 18, 1983 he was dismissed by order dated July 1, 1986. The said dismissal of the respondent gave rise to an industrial dispute which was referred for adjudication to the Central Industrial Tribunal (hereinafter referred to as the Tribunal ). The Tribunal found that the charges were not established and held that the dismissal of the respondent was illegal. The Tribunal directed reinstatement of the respondent in service. The appellant-Bank has filed a writ petition under Article 227 of the Constitution in the Gujarat High Court challenging the said award of the Tribunal and the s










































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