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IN THE HIGH COURT AT CALCUTTA
LANUSUNGKUM JAMIR, RAI CHATTOPADHYAY
Raj Kamal and Company – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. appeal challenging relief order under section 17b. (Para 1 , 2) |
| 2. fraud and misrepresentation undermine relief eligibility. (Para 3 , 4 , 5 , 6) |
| 3. employment after termination claims inadequate remuneration. (Para 7 , 8) |
| 4. defect of party affects maintainability. (Para 9 , 11) |
| 5. criteria for section 17b relief must be fulfilled. (Para 10 , 12 , 13 , 14 , 15) |
| 6. fraud vitiates entitlement under law. (Para 16 , 18 , 19 , 24) |
| 7. court decision renders prior orders void due to fraud. (Para 20 , 21 , 22 , 25) |
| 8. appeal is allowed; directions issued for further proceedings. (Para 26 , 27 , 28 , 29) |
Judgment :
Rai Chattopadhyay, J.
1. The instant appeal is directed against the order of the Hon'ble Single Judge dated March 25, 2025, in writ petition W.P. No. 19913 (w) of 2017. The respondent No.3/workman has been granted relief by the Hon'ble Single Judge under section 17B of the Industrial Disputes Act, 1947. The appellant/writ petitioner/proprietorship firm is aggrieved and dissatisfied with the said order. Hence, this appeal.
2. Let the facts necessary for adjudication of this appeal bereft of any unnecessary details, be narrated, as follows. An industrial dispute had culmi
Fraud and misrepresentation negate eligibility for relief under Section 17B of the Industrial Disputes Act, as any benefit obtained through falsehood is void ab initio.
A workman filing for wages under Section 17B must truthfully disclose employment status; failure to do so results in disqualification from back wages despite wrongful termination.
The court affirmed that under Section 17B, an employee challenging termination is entitled to full wages during litigation unless the employer proves otherwise, ensuring protection against financial ....
Point of law: No necessity to decide as to whether the concept of gainful employment by way of self employment, would also partake within the ingredients of Sec.i7-B of the Industrial Disputes Act.
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.
Claiming wages - It is proved to the satisfaction of the High Court or Supreme Court that such workman had been employed and had been receiving adequate remuneration during any such period or part th....
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