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DELHI HIGH COURT
PRATHIBA M.SINGH
Capital Maintenance Corporation – Appellant
Versus
Govt. of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. challenge to earlier labour court award (Para 3 , 4 , 5) |
| 2. procedural steps for execution of award (Para 6 , 7 , 8) |
| 3. disclosure of employment status by the workman (Para 9 , 10 , 11) |
| 4. court's scrutiny of workman's employment history (Para 12 , 13 , 14) |
| 5. understanding section 17b of the act (Para 15 , 17 , 18 , 19 , 20) |
| 6. burden of proof in section 17b applications (Para 21 , 22 , 23) |
| 7. steps in processing section 17b applications (Para 24 , 25 , 26) |
| 8. judicial approach to reinstatement vs. compensation (Para 27 , 28 , 29 , 30) |
| 9. conclusion on workman's entitlement to wages (Para 31 , 32 , 34) |
| 10. final orders and decisions (Para 35 , 36) |
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 allowe
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.
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 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....
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.
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 reaffirmed that termination must be substantiated with evidence, emphasizing that reinstatement is not automatic and compensation may be awarded based on case specifics.
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