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.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through video conferencing.

CM APPL. 9776/2022 (for exemption)

2. Allowed, subject to all just exceptions. Application is disposed of.

WP(C) 1782/2019 & CM APPLs. 8341/2019, 8342/2019, 20526/2019 & 9747/2022

3. The present petition has been filed challenging the order dated 30th May, 2018 passed by the Labour Court in LCA No.273/16 titled Sh. B.S. Negi v. The Management of M/s. Capital Maintenance Corporation. By the impugned Award, the Labour Court has allowed the application filed by the Respondent No.2-Workman (hereinafter, "Workman") under Section 33C(2) of the Industrial Disputes Act, 1947 (hereinafter, "Act") for recovery of money as per Award dated 12th November, 2009 passed by the Labour Court in ID No.321/2009 between The Management of M/s. Capital Maintenance Corporation v. Its Workman Sh. B.S. Negi.

4. The Workman was working with the Petitioner-Management (hereinafter, "Management") as a Peon since 1st April, 1980. The services of the Workman were terminated on 19th January, 2007. The Workman raised an industrial dispute challenging his termination. Vide award dated 12th November, 2009 passed by the Labour Court in ID No.321/2009, the Labour Court directed the reinstatement of the Workman, along with grant of 50% back wages. The operative portion of the said award dated 12th November, 2009, reads as under:

"So far as the backwages are concerned, seeing the number of years of services and other facts and circumstances of the case, he is granted reinstatement with 50% back wages.

The Award is passed accordingly. Ahlmad is directed to send six copies of this award to the appropriate Government. The file be consigned to Record Room."

5. The said Award dated 12th November, 2009 was not challenged by the Management. Thereafter, the Workman filed an application under Section 33C(2) of the Act, seeking execution of the said Award. While deciding the application filed by the Workman, the following amounts were directed to be paid to the Workman:

"The details of calculation is as under:

Last Drawn Wage: Rs.9015/-

Date of enforcement of award: 14,04.2010

Date of enforcement date upto 14.04.2012 total months: 24 months

Total wages entitled by the workman from 14.04.2012-9015x24=Rs.2,16,360/- with 10% interest."

6. Notice was issued in the present petition on 20th February, 2019. On the said date, this Court had also directed the Management to deposit 50% of the awarded amount within four weeks, with the Registrar General of this Court. Subject to the said deposit, the impugned Award was stayed till the next date of hearing. Pursuant thereto, the Management has deposited a sum of Rs.2 lakhs with this Court, which is lying in a Fixed Deposit.

7. In the meantime, an application under Section 17B of the Act was also moved by the Workman seeking payment of monthly wages, on the ground that he is unemployed. The categorical statement made in support of the said claim, in the application, reads as under:

"That the applicant workman is not gainfully employed in any establishment since his termination and he has been not able to get employment in any establishment despite his best of efforts. That the applicant workman is undergoing an acute phase of financial crisis due to his prolonged phase of unemploy