SWATANTER KUMAR, C.J: -

The legislature with an intention to provide protection to a workman, who by award of the competent forum has been directed to be reinstated, where the employer prefers any proceedings against such an award in the Higher Courts, introduced Section 17-B of the Industrial Disputes Act, 1947, hereinafter referred to as "the Act". Of course, this statutory benefit of receiving full wages last drawn by the workman is subject to filing of an affidavit as commanded by the provision. This protection could be denied to the workman by the order of the Court where it is proved to the satisfaction of the Court that the workman had been employed or has been receiving adequate remuneration during the relevant period. This grant or refusal of statutory benefit would primarily depend upon the extent of onus on either party to a case. Admittedly, the provisions of Section 17- B of the Act or the Rules framed under the Act do not contemplate or provide any particular format-in which an affidavit as required under Section 17-B of the Act should be filed by the workman. The question involved in this case is, "Does absence of such format of affidavit absolve the workman of any p

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