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2001 Supreme(Del) 1746

A.K.SIKRI, H.R.MALHOTRA
HINDUSTAN CARBIDE PRIVATE LIMITED – Appellant
Versus
GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI – Respondent


Advocates Appeared:
A.K.Singla, SUNITA BHARDVAJ, Umesh Sharma

S. B. SINHA

( 1 ) THIS appeal is directed against an order dated 28. 05. 2001 passed by a learned Single Judge of this Court in CM No. 14481/99 in CWP No. 817/99 whereby and whereunder an application filed by the respondent No. 3 herein under Section 17b of the industrial Disputes Act, 1947 ( hereinafter referred to as the Act ) was allowed directing the appellant herein to pay fall wages last drawn inclusive of maintenance allowance admissible under the rules. It was further directed as follows :-

"these payments shall be made w. e. f. 12/02/1999, as per the submission made by ld. Counsel for the respondent/workman. It is arguable that they should be w. e. f. the date of the Award, as otherwise a delayed challenge to it would result in a pecuniary advantage to the management that has lost before the Labour Court. The wages last drawn shall not be below the minimum wages payable from lime to time. In ordering so, I am fully mindful of the opinion of the Hon ble S. C. that the Court is no empowered to grant any or and above the wages last drawn, while exercising powers under Section 17b. However, every judicial order mast be in consonance with the law, which in this case is the Minim

















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