Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
SHAIL JAIN
Jamia Hamdard – Appellant
Versus
Joginder Singh – Respondent
JUDGMENT :
SHAIL JAIN, J.
C.M. APPL. NO. 9378/2025 in W.P.(C) 5823/2012
1. The present Application has been filed on behalf of the Respondent/Workman herein, under Section 17B of the Industrial Disputes Act, 1947 (hereinafter referred to as ‘the Act’), read with Article 226 of the Constitution of India, seeking a direction to the Petitioner/Management to pay the Respondent/Workman minimum wages as per the law for each month during the pendency of the present Writ Petition. The Respondent/ Workman has sought the following reliefs in the present Application.
A. Allow the present application of the applicant.
B. Pass an order directing the Petitioner to make payment of wages as per law to the applicant by the management every month during the pendency of the Writ Petition.
C. Any other order as deem fit and proper as this Hon'ble Court deems fit and proper.
BRIEF FACTS
2. The Respondent/Workman, Joginder Singh, was appointed as a Safai Karamchari on 01.06.1990 in the Faculty of Pharmacy of Jamia Hamdard University and was later confirmed and promoted as Peon with effect from 01.06.1992. His last drawn wages were Rs. 2,323/- per month. In October 1995, he proceeded on leave on account of illne
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....
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.
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....
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.
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.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
