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. By individual award, the learned Labour Court was pleased to allow the claim of the respondents and directed the appellant to reinstate them with continuity of service and 20% back wages. Feeling aggrieved by individual awards, the appellant filed separate Special Civil Applications against each of the awards challenging the reinstatement and the back wages. The learned Single Judge was pleased to issue rule in all the Special Civil Applications. It was further directed that during the pendency of the Special Civil Applications, there shall be ad-interim relief subject to provisions of Section 17(B) of the Industrial Disputes Act, 1947.

2.3 Aggrieved, the appellant herein filed Civil Applications for direction in all the Special Civil Applications praying to vacate the direction to comply with Section 17(B) of the Industrial Disputes Act and in the alternative to hold that the respondents workmen shall not be entitled to wages higher than the minimum rates of wages payable from time to time as per Minimum Wages Act, 1948 as last drawn wages under Section 17(B) of the Industrial Disputes Act. By the impugned orders in the individual Civil Applications in the Special Civil Applications, the learned Single Judge was pleased to dismiss the said applications for direction with a direction to pay the wages under the provisions of Section 17(B) of the Industrial Disputes Act to the workmen from the date of filing of the writ petitions and further to continue to pay the same till the disposal of the writ petitions. It was also clarified by the impugned orders that such wages shall be equivalent to the last drawn salary of the workman at the time of his termination.

3. Heard learned senior counsel Mr. K. M. Patel assisted by learned advocate Mr. Varun Patel for the appellant and learned advocate Mr. P.C. Chaudhari for the respondents/caveators.

4. Learned senior counsel Mr. K. M. Patel submitted that the respondents were working as officers in the Management Cadre of the appellant company and that the respondents were getting the benefit as per performance appraisal method device, whereas the workmen in the appellant company were receiving wages and other benefits as per the settlement under Section 2(p) of the Industrial Disputes Act. It was submitted that the Labour Court failed to appreciate that the respondents were not workman within the meaning of Section 2(s) of the Industrial Disputes Act. It was then submitted that since the respondents are not the workman within the meaning of Section 2(s), they are not entitled to get any benefit under Section 17(B) of the Industrial Disputes Act. It was further submitted that the purpose of payment under the provisions of Section 17(B) requires the employer to pay the last drawn wages during the pendency of the proc