SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1999 Supreme(SC) 75

SUPREME COURT OF INDIA
A.P.Misra : G.B.Pattanaik
Saraiah
Versus
Executive Engineer, Panchayat Raj Department
Case No. : 312 of 1999
Date of Decision : 1/22/99

(1) LEAVE granted.

(2) THE Labour Court in a dispute referred to it came to the conclusion that the termination of the petitioner is illegal and accordingly directed reinstatement, but no backwages was directed to be paid. The present respondent-employer challenged the said order of the Labour Court in the High Court by filing a Writ petition and the learned sngle Judge stayed the direction of reinstatement, but directed the employer to comply with the provisions of Section 17-B of the Industrial Disputes Act, which obliges the employer to pay the workmen at the same rate which he was drawing when his services were terminated. Against this order of the learned single Judge, the employer moved an appeal before the Division Bench and the Division Bench by the impugned order dated (sic) reversed the order of the learned single Judge on the ground that the very dipute itself was raised after inordinate delay.

(3) HAVING examined the provisions of Section 17-B of the Industrial Disputes Act, we are of the considered view that the Court has no jurisdiction to direct non-compliance of the same when the condition precedent for passing an order in terms of Section 17-B of the Act are satisfied, and this being the legislative mandate, the Division Bench of the High Court committed serious error in interfering with the direction of the learned single Judge. We accordingly set aside the impugned order passed by the Division Bench and direct that the order of the learned single Judge requiring compliance of Section 17-B of the Industrial Disputes Act shall be complied with by the employer. This appeal is accordingly allowed. There shall be no order as to costs.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top