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Binod Chandra Barman – Appellant
Versus
Agricultural and Processed Food Products Exports Development Authority – Respondent
JUDGMENT :
Sanjay Kumar Medhi, J.
1. A short question arises for determination of the lis which involves Section 17B of the Industrial Disputes Act, 1947 (herein after referred to as the Act). Both the Interlocutory Applications (IA), which have come up for consideration, are based on an interim order dated 03.08.2020 passed in the connected WP(C)/2933/2020. While IA(C)/1544/2020 has been filed by the applicant, who is the Workman, for granting of the relief under the aforesaid Section by categorically stating that he is not gainfully employed, the second application, being IA(C)/2293/2020 has been filed by the petitioner as Management for modification of the order dated 03.08.2020 by deleting the direction for compliance of the provisions of Section 17B of the Act.
2. To appreciate the issue raised, it would be convenient if the basic facts are put on record.
3. The connected writ petition has been filed by the Management challenging, inter alia, an Award dated 01.10.2019 passed by the learned Central Government Industrial Tribunal, Guwahati (herein after CGIT) whereby the Management of the Agricultural and Processed Food Products Exports Development Authority (APEDA) has been directe
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....
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.
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....
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.
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....
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.
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.
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