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S. H. VORA, ANIRUDDHA P. MAYEE
Ineos Styrolution India Limited – Appellant
Versus
Shaileshbhai Manibhai Patel – Respondent
JUDGMENT :
ANIRUDDHA P. MAYEE, J.
1. All the Letters Patent Appeals are taken up for hearing with the consent of learned advocates appearing for the respective parties as common issue arises in all these appeals wherein the appellant company is seeking a direction to vacate the order to comply with the provisions of Section 17(B) of the Industrial Disputes Act, 1947 to pay the wages from the date of the filing of the writ petition and in the alternative to hold that the respondents workmen shall not be entitled to the wages higher than the minimum rates of wages payable from time to time as per the Minimum Wages Act, 1948 as “full wages last drawn” under Section 17(B) of the Act.
2. The brief facts leading to filing of the present appeals are as follows :-
2.1 It is the case of the appellant that the respondents herein were appointed in the company and their services came to be terminated as per the terms & conditions of their appointment letter. They were also paid three months’ notice pay.
2.2 That the respondents herein raised an industrial dispute against the appellant company for reinstatement with full back wages which culminated into the Award passed by the Labour Court, Bharuch.
The main legal point established in the judgment is that the entitlement to full wages last drawn under Section 17 B of the Industrial Disputes Act should be calculated and paid from the date of the ....
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....
When a worker submits an affidavit of unemployment during appellate proceedings, the burden of proving gainful employment shifts to the employer. In instances of significant, unexplained delay in fil....
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, an employee is entitled to full wages last drawn from the date of the award till the d....
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....
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