Entitlement of workman to payment under Section 17-B of the Industrial Disputes Act during the pendency of a writ petition, and the definition of gainful employment.

( 1 ) THIS is an application filed by the workman under Section 17-B of the Industrial disputes Act. It is contended by the counsel for the applicant that award dated 16. 9. 99 has been stayed by this Court. It has also been contended before me that the workman is unemployed and there is no other source of livelihood and in this premises, the applicant has prayed that the petitioner corporation be directed to make the payment to the workman during the pendency of the writ petition. In support of his contention counsel for the applicant has relied upon the judgment of Supreme Court in Bharat Singh v. Management of New Delhi, tuberculosis Centre and Ors. , 1986 (52) FLR 621 and judgment of Division bench of Kerala High Court in the case of Commandant, D. S. C. Centre v. Secretary, N. C. C. Group URC Employees Association, 2001 0 LIC 2002.

( 2 ) ON the other hand counsel for the petitioner/non-applicant says that no order for appointment can be made as in the impugned award there was finding to the fact that the workman was doing the work of phery and was earning about Rs. 2. 000/- per month.

( 3 ) COUNSEL for the petitioner has contended that merely a workman is engaged in some activity or in some avocation to meet his expenses for livelihood the benefit under Section 17-B of the Act cannot be denied to the workman. i am in agreement with the submission of counsel for the applicant that the phery work cannot be construed an employment earning adequate remuneration. If a person is not employed then be is supposed to earn his livelihood by doing some activity and the same cannot be termed an activity which is meant for gainful employment. Therefore, I direct the petitioner/non-applicant to pay to the workman the last drawn wages as minimum wages. It will be open to the petitioner to reinstate the workman as I have ordered for payment of minimum wages to the workman. Application stands disposed of. CM. 10199/2002 in CW 4004/2001 let reply be filed within four weeks. Rejoinder, if any, be filed within four weeks, thereafter. Renotify on 23. 1. 2003.