T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Vijai Shree Private Limited. – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
(T.S. Sivagnanam, J.)
1. This intra Court appeal by the writ petitioner is directed against the order dated 8th July, 2022 passed in CAN 1 of 2022 arising out of W.P.A. No.1521 of 2022. The said application was filed by the respondent/workman under Section 17B of the Industrial Disputes Act, 1947 (for brevity, “the Act”) praying for a direction upon the appellant/employer to pay the last drawn wages to the workman pending disposal of the writ petition. The writ petition was filed by the appellant challenging an award passed by the learned 2nd Industrial Tribunal, Kolkata in Case No.04 of 2012 dated 29th September, 2021. By the said award, the termination of the respondent/workman vide order dated 1st November, 2011 passed by the appellant was held to be illegal and void. The workman was directed to be reinstated in service as on 29th May, 2011 with full back wages and the appellant was directed to pay the full back wages to the workman from 30th May, 2011 till his reinstatement with a compound interest of 10% per annum on the entire arrears amount of the back wages and the appellant was directed to comply with the direction within 30 days from the date of the order. Apar
Dena Bank Vs. Kiritikumar T. Patel reported at (1999) 2 SCC 106 equivalent to 1998 LAB.I.C. 578 (SC)
Ashok Hotel Vs. Government of NCT of Delhi and Ors.
Singer India Ltd. & Ors. Vs. State of West Bengal Ors. reported at (1999) 1 LLJ 1009
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 ....
When a worker submits an affidavit of unemployment during appellate proceedings, the burden of proving gainful employment shifts to the employer. In instances of significant, unexplained delay in fil....
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