JUDGMENT

Pradeep Nandrajog, C.J. - The question referred to the Full Bench is whether the provisions of Section 17B of the Industrial Disputes Act, 1947 (hereinafter referred to as ''the Act'') have no application in the proceedings of a pending writ petition filed by the Management arising out of an order passed by an Industrial Fora rejecting the application of the employer under Section 33(2)(b) of the Act.

2. Currently there is a Division Bench judgment of this Court reported as (2009) 2 LLN 361, Karan Singh vs. Authorised Disciplinary Authority, RSRTC, where the view taken is that Section 17B of the Act would apply.

3. We find that there is a divergence of opinion amongst various High Courts on this issue.

4. In the decision reported as (2005) 120 DLT 664, Delhi Transport Corporation vs. Jagdish Chander, a Full Bench of the Delhi High Court held that Section 17B of the said Act would be applicable. From a perusal of paras 9 to 35 of the decision the legal position could be culled out as follows: The High Court observed that the legislative object of the Industrial Disputes Act is to provide definite protection to the workmen against any exploitation. Further, Section 17B needs