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 hardship.

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 illness and sought extensions up to 20.01.1996. Upon reporting for duty on 22.01.1996, he was allegedly not permitted to resume duties despite producing a medical certificate, and his services were subsequently terminated vide letter dated 30.10.1996 with effect from 26.04.1996. Aggrieved thereby, he raised an industrial dispute, which was referred by the Appropriate Government to the Labour Court. The Labour Court, vide Order dated 05.07.2011, held the domestic enquiry to be vitiated, and thereafter, by Award dated 07.02.2012, directed reinstatement with 50% back wages. The said Award has been challenged by the Petitioner/Management in the present Writ Petition, wherein the interim stay was granted on 17.09.2012, subject to the deposit of 50% back wages, and the interim order pertaining to stay of operation of the impugned Award was subsequently made absolute on 25.11.2013.

3. During the pendency of the present Writ Petition, the Respondent/Workman has moved the present Application under Section 17B of the Act, claiming payment of full wages to the Respondent/Workman during the pendency of the Writ Petition.

SUBMISSIONS OF THE PARTIES

4. By way of the present Application supported by an Affidavit, learned Counsel for the Respondent/Workman submits that since his termination, the Respondent/Workman has remained unemployed and has been unable to secure any gainful employment despite his best efforts, resulting in significant financial hardship. It is further submitted that he is not employed anywhere and is sustaining himself through occasional and irregular menial work available in his native village in Himachal Pradesh, where he resides with his family members, and that he has no permanent source of income. Accordingly, it is prayed that this Court direct the Petitioner/Management to pay the Respondent/Workman wages in accordance with the law, in terms of Section 17B of the Act, during the pendency of the present Writ Petition.

5. Learned counsel for the Respo