Section 17B of the Industrial Disputes Act, 1947, does not entitle retired workmen to full wages and salaries beyond the age of superannuation.

1. This is an application for stay of operation of the order dated 27th January, 1998 passed by the learned trial Judge in W.P. No. 10852(W)/97. The order that was passed by the learned trial Judge was on an application made under section 17B of the Industrial Disputes Act, 1947.

2. The question that has come up for consideration before this Court is whether the two of the workmen namely Sk. Ramjan and Sri Panch Kari Adak who have attained the age of superannuation from service on and from 31st December, 1985 and 31st December, 1992 respectively were entitled to get any relief under section 17B of the said Act even after their retirement and until the award had reached its finality in the writ proceeding. The learned Judge allowed the application under section 17B of the Industrial Disputes Act holding that in case the award is sustained the question of retirement benefit would only come into force and could be given effect to after the workmen concerned have been reinstated in service. The award that was passed by the Industrial Tribunal was on 6th March, 1997. Altogether there are number of cases, which have come for consideration in respect of which reference was made by the Government to the following effect:

"Whether the action of the management of M/s. BPCL Budge Budge Installation in dismissing the following 8 workmen from services with effect from 24.1.85 is justified. If not what relief the concerned workmen are entitled to ?"

3. The only question in this appeal is whether the aforesaid two persons Sk. Ramjan and Sri Panch Kari Adak are entitled to full wages and salaries on the basis of last pay drawn even after they had admittedly attained the age of superannuation from service.

4. Section 17B of the Industrial Disputes Act reads as follows:-

"Section 17B.Payment of full wages to workman pending proceedings in higher courts .- Where in any case a Labour Court, Tribunal or National Tribunal by its award directs reinstatement of any workman and the employer prefers any proceedings against such award in a High Court or the Supreme Court, the employer shall be liable to pay such workman, during the period of pendency of such proceedings in the High Court or the Supreme Court, full wages last drawn by him inclusive of any maintenance allowance admissible to him under any rule if the workman had not been employed in any establishment during such period and an affidavit by such workman had been filed to that effect in such Court:

Provided that where it is proved to the satisfaction of the High Court or the Supreme Court that such workman had been employed and had been receiving adequate remuneration during any such period or part thereof the Court shall order that no wages shall be payable under this section for such period or part, as the case may be."

5. The objects and reasons for enacting the said provisions were as follows:-

"When Labour Courts pass award of reinstatement, these are often contested by an employer in the Supreme Court or High Courts. It was felt that the delay in the implementation of the award cause hardship to the workman concerned. It was therefore, proposed to provide the payment of wages drawn by the workman concerned, under certain conditions from the date of the award till the case is finally decided in the Supreme Court or High Courts."

6. Dr. Mookherjee, learned Counsel appearing on behalf of the petitioner states that the aforesaid two workmen are entitled to relief of back wages and all other benefits available to the said workmen in terms of the Award in case it is ultimately found that the termination of service was illegal and in view of the scope of the reference the Tribunal shall decide what relief the workman concerned was entitled to and in that event the Tribunal has committed an error by directing reinstatement of the two workmen who had already attained the age of superannuation and in that case the relief granted by the Tribunal was to direct payment of full wages and other incid