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IN THE HIGH COURT OF DELHI AT NEW DELHI
SHAIL JAIN
Jamia Hamdard – Appellant
Versus
Joginder Singh – Respondent
| Table of Content |
|---|
| 1. overview of the application under section 17b. (Para 1 , 2 , 3) |
| 2. claim of financial hardship due to unemployment. (Para 4 , 5 , 6) |
| 3. arguments against the application and claims of bad faith. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. determination of entitlement under section 17b. (Para 13) |
| 5. explanation of section 17b’s provisions and purpose. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 6. burden of proof regarding employment status. (Para 20 , 21 , 22) |
| 7. judicial precedent on the application of section 17b. (Para 23 , 24) |
| 8. lack of evidence from the management countering the worker's claim. (Para 25 , 26 , 27) |
| 9. conclusion of entitlement to wages under section 17b. (Para 28 , 29 , 30) |
| 10. order for the payment of minimum wages. (Para 31 , 32) |
| 11. directions for further proceedings. (Para 33 , 34 , 35) |
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 minim
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....
Entitlement to wages under Section 17B of the Industrial Disputes Act is from the date of the impugned Award unless the workman has unreasonably delayed the application.
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