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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Surender Kumar – Appellant
Versus
North Delhi Municipal Corporation – Respondent
JUDGMENT
Subramonium Prasad, J. Aggrieved by the Order dated 06.12.2021, passed by the learned Single Judge in W.P.(C) 535/2020, restricting the claim of the Appellant herein for payment of full wages under Section 17B of the Industrial Disputes Act, 1947 (hereinafter referred to as `the Act') from the date of filing of the application under Section 17B of the Act and not from the date of passing of award, the Appellant/workmen has filed the instant appeal.
2. The Appellant herein was working as Safai Karmchari with the Respondent/employer. He challenged his termination by initiating proceedings before the Labour Court under the Act. The Labour Court by its award dated 31.08.2019 directed the Respondent herein to reinstate the Appellant herein with full back wages and with continuity of service and all consequential benefits and cost of litigation. The Respondent herein challenged the said award by filing a Writ Petition, being W.P.(C) 535/2020, before this Court. It is stated by the Appellant herein that a copy of the said Writ Petition was not served on him and it was made available to him only on 18.02.2020. It is stated that the case was being adjourned due to lockdown and the
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 main legal point established in the judgment is that the entitlement to full wages last drawn under Section 17 B of the Industrial Disputes Act should be calculated and paid from the date of the ....
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....
Entitlement to wages under Section 17B of the Industrial Disputes Act is from the date of the impugned Award unless the workman has unreasonably delayed the application.
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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