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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MR.JUSTICE MURALEE KRISHNA S., JJ
COCHIN DEVASWOM BOARD – Appellant
Versus
SATHY RAJENDRAN – Respondent
JUDGMENT :
Muralee Krishna, J.
1. These writ appeals are filed under Section 5(i) of the Kerala High Court Act , 1958, by the petitioner-Cochin Devaswom Board (the ‘Board’ in short) in W.P.(C) No.38124 of 2022 and 38137 of 2022 respectively. The writ petitions were filed by the appellant- Board under Article 227 of the Constitution of India, to issue a writ of certiorari to quash the respective awards dated 28.07.2021 passed by the Labour Court, Ernakulam, in Industrial Disputes Nos.7 and 8 of 2017, directing the appellant Board to reinstate the workers in the respective Industrial Disputes with full back wages, continuity in service and all other attendant benefits. In the writ petitions, the respective 1st respondent workmen filed interlocutory applications under Section 17B of the Industrial Disputes Act , 1947 (‘the Act’ in short), for payment of full wages last drawn by them pending the writ petitions. As per the impugned orders dated 31.07.2023 passed in the writ petitions, the learned Single Judge allowed the Interlocutory Applications and directed the appellant to pay the workmen full wages last drawn by them, at the rate of Rs.3,500/- and Rs.5,000/- respectively, per month f
The employer-employee relationship is essential for the application of Section 17B of the Industrial Disputes Act, which mandates wage payments during the pendency of legal proceedings.
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....
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.
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.
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.
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 ....
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