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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
North Delhi Municipal Corporation – Appellant
Versus
Bal Kishan – Respondent
| Table of Content |
|---|
| 1. application under section 17b of the act. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments against the workman's claim. (Para 6 , 7) |
| 3. court's analysis of reinstatement provisions. (Para 8 , 9 , 10) |
| 4. reliance on precedents regarding section 17b. (Para 11 , 12 , 13 , 14) |
| 5. decision regarding payment of wages. (Para 15 , 16 , 17 , 18 , 19) |
JUDGMENT
Talwant Singh, J.:
CM APPL. 25761/2020
1. This application has been moved on behalf of the respondent no. 1 - workman under Section 17B of the Industrial Disputes Act, 1947 (hereinafter referred to `the Act') read with Section 151 of the Code of Civil Procedure, 1908 (in short `CPC') praying as under:
"a. Direct the Appellant to pay full wages last drawn inclusive of maintenance allowance or minimum wages fixed and revised from time to time under the Minimum Wages Act Whichever is higher w.e.f. 28;05.2007 to till the final disposal of present Appeal."
2. It has been mentioned by the applicant/respondent no. 1 in his application that the present appeal was preferred by the appellant- Corporation/ North Delhi Municipal Corporation (hereinafter referred to as NrDMC) against judgement dated 18.02.2020 passed in W.P. (C.) 7811/2008 by
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.
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.
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.
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....
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....
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 ....
A workman filing for wages under Section 17B must truthfully disclose employment status; failure to do so results in disqualification from back wages despite wrongful termination.
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