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IN THE HIGH COURT OF DELHI AT NEW DELHI
RENU BHATNAGAR
Life Insurance Corporation of India – Appellant
Versus
G.K. Nijhawan – Respondent
| Table of Content |
|---|
| 1. respondent's employment history and dispute background. (Para 3 , 4 , 5 , 6 , 8) |
| 2. superannuation affecting entitlement under section 17(b). (Para 10 , 11 , 12 , 13 , 14) |
| 3. arguments against extending benefits post-superannuation. (Para 16 , 17 , 18 , 19) |
| 4. legal precedent on the limits of section 17(b) application. (Para 24 , 27 , 28) |
| 5. court's decision to confine payment to pre-superannuation. (Para 30 , 32) |
JUDGMENT :
RENU BHATNAGAR, J.
CM APPL. 27794/2024
1. The present application has been filed by the petitioner under Section 151 of the Code of Civil Procedure, 1908 read with Section 17 (B) of the Industrial Disputes Act, 1947 (hereinafter "ID Act"), seeking modification of the order dated 17.11.2017 passed by this Court in W.P. (C) No. 163 of 2017, whereby the petitioner was directed to pay to the respondent last drawn wages or minimum wages, whichever is higher, from the date of the award dated 21.06.2016 till the disposal of the writ petition.
2. Before adverting to the present application, this Court deems it appropriate to first lay down the facts for adjudication.
3. The respondent was appointed with the Petitioner company in June, 1984 as a Typist. At the
Wages under Section 17(B) of the Industrial Disputes Act cease upon reaching the age of superannuation, emphasizing the link between wage entitlement and employment status.
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 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....
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....
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 ....
Point of law: No necessity to decide as to whether the concept of gainful employment by way of self employment, would also partake within the ingredients of Sec.i7-B of the Industrial Disputes Act.
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