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RAJA BASU CHOWDHURY
Hooghly Infrastructure Pvt. Ltd. – Appellant
Versus
Surendra Prasad – Respondent
JUDGMENT :
(Raja Basu Chowdhury, J.) :
CAN 1 of 2023
1. The writ application has been filed, inter alia, challenging the award dated 29th November, 2022, passed by the learned First Industrial Tribunal, Kolkata, West Bengal, in Case No.VIII-20 of 2017, whereby the learned Tribunal was pleased to direct reinstatement of the respondent no.1, along with full back wages and other consequential reliefs including the compensation to the tune of Rs.2,00,000/-.
2. In connection with the aforesaid writ petition, the present application under Section 17B of the Industrial Disputes Act, 1947 (hereinafter referred to as the “said Act”) has been filed, which has been registered as CAN 1 of 2023.
3. Mr. Guha Thakurta, learned advocate representing the respondent no.1/applicant submits that the respondent no.1 was appointed in the services of the writ petitioner with effect from 9th April, 1995 and had discharged his duties to the utmost satisfaction of the management. Unfortunately, the management illegally terminated the respondent no.1 from services by not allowing him to join his duties with effect from 10th April, 2016.
4. An industrial dispute was raised and the same was referred by the appr
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 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 main legal point established in the judgment is that under Section 17B of the Industrial Disputes Act, 1947, a workman is entitled to full wages last drawn during the pendency of proceedings in h....
Payment of wages under Section 17B of the Industrial Disputes Act, 1947 is mandatory during legal proceedings, unless the employer proves the workman’s alternative employment.
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....
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 ....
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