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SUVRA GHOSH
Parvez Alam – Appellant
Versus
Vijay Shree Pvt. Ltd. – Respondent
JUDGMENT
Suvra Ghosh, J. - The present application under section 17B of the Industrial Disputes Act, 1947 is filed by the applicant/respondent no. 3 praying for a direction upon the opposite party/ writ petitioner to pay the last drawn salary to the applicant pending disposal of the writ petition.
2. The applicant/employee was terminated from service with effect from 1st November, 2011 by the employer against which the applicant raised an industrial dispute which was referred to the Industrial Tribunal for adjudication. By an order dated 29th September, 2021 the learned Tribunal allowed the prayer of the applicant imposing cost of Rs. 20,000/- on the opposite party/company. The operative portion of the order is reproduced below:-
'Hence, it is ORDERED that the Case No. 04 of 2012 under Section 10(1B)(d) of The Industrial Disputes Act, 1947 is allowed on contest against the O.P. company with a cost of Rs. 20,000.00 It is hereby declared that the order of termination of service dt. 01.11.2011 passed against the petitioner by the O.P. company is illegal, unjustified and void.
It is also declared that the petitioner is also entitled to be reinstated in his previous service as on 29.05.2011
The main legal point established in the judgment is that under Section 17B of the Industrial Disputes Act, 1947, an employee is entitled to full wages last drawn from the date of the award till the d....
The object of Section 17B of the Industrial Disputes Act, 1947 is to provide minimum compensatory benefits to a workman who has been awarded reinstatement but is unable to enforce the award due to a ....
The main legal point established in the judgment is that the entitlement to full wages last drawn under Section 17 B of the Industrial Disputes Act should be calculated and paid from the date of the ....
The onus of proving that the workman is gainfully employed is on the employer, and in the absence of evidence to the contrary, the court may dismiss the appeal.
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