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DINESH KUMAR SHARMA
Unitas Foods Pvt. Ltd. – Appellant
Versus
Gyanender – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. -
CM. APPL. 19550/2022 (u/s 17B, ID Act)
1. Present Application has been preferred by the Applicant/workman under 17B, Industrial Disputes Act, 1947 r/w Section 151, CPC, seeking the following prayer:
'direct the Petitioner/Management to pay the Applicant/Workman his last drawn salary i.e. Rs. l2,500/-p.m. from the date of impugned Award i.e. 13.01.2020 till the disposal of the Petition.'
2. Ld. Counsel for the Applicant/ Workman submits that the Workman joined the services of the Petitioner/Management on 01.10.2008, as an Executive Sale Purchase/Field worker. The Petitioner/Management however did not issue any appointment letter to the workman. The services of the Applicant/ workman were illegally terminated by the Petitioner on 21.02.2015 and that the workman's last drawn salary was Rs. 12,500/- at the time of his termination.
3. The workman aggrieved of being illegally terminated, raised an industrial dispute before the Ld. Labour Court, whereby the Ld. Labour Court passed an Award dated 13.01.2020(Order impugned)in favour of the Applicant/workman and held that the workman's services was illegally terminated by the Management and that he was entitled
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....
Where the award does not order for reinstatement, High Court does not get jurisdiction under Section 17B of the Act to pass an order under that provision.
Under Section 17B of the Industrial Disputes Act, a workman reinstated by court order is entitled to full wages pending appeal if he proves unemployment.
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 ....
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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