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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
IN THE MATTER OF: United Poly Engineering Pvt Ltd – Appellant
Versus
Presiding Officer Labour Court – Respondent
JUDGMENT :
SATISH CHANDRA SHAMAR, J.
1. Aggrieved by an Order dated 04.08.2022 passed by the learned Single Judge in CM APPL.32749/2022 of W.P.(C) 4471/2021, allowing the application filed by Respondent No.2/workman under Section 17B of the Industrial Disputes Act, the instant LPA has been filed.
2. It is stated that Respondent No.2/workman was employed with the Appellant at the post of Pressman from 21.11.2011. It is stated that the services of the workman was terminated on 05.08.2015 by the Appellant.
3. Challenging his termination, which according to the workman was without serving any notice and without payment of salary, the workman approached the Labour Commissioner. It is stated that conciliation proceedings failed and the Deputy Labour Commissioner, Delhi exercising his powers under Section 10 (1) (c) and 12 (5) of the Industrial Disputes Act referred the following questions for adjudication:-
4. The Labour Co
The general rule is that the workman is entitled to the benefits under Section 17B from the date of passing of the award unless there is undue delay on the part of the workman in approaching the Cour....
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 ....
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.
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