The judgment emphasized the limited scope of 'full wages last drawn' under Sec.17-B of the Industrial Disputes Act, 1947, as interpreted by the Apex Court, and its application in determining the entitlement of a workman to benefits upon reinstatement.

, J.

1. The petitioner has filed the present writ petition for quashing the order dated December 1, 1999, passed by the Presiding Officer, central Government Industrial tribunal-cum-Labour Court, Chandigarh, the first respondent (for short "the Industrialtribunal"), whereby the application of the petitioner-workman under Sec.33-C (2) of the Industrial Disputes Act, 1947 (hereinafterreferred to as "the Act"), has been dismissed.

2. The question which is involved in the present case is whether the petitioner, who is a bank employee, would, in the facts and circumstances of this case be entitled to benefits other than wages last drawn by him on his reinstatement while stay granted in terms of section 17-B of the Act against his reinstatement by the Industrial Tribunal was operating in the writ petition filed by the second respondent-bank, which has also been ultimately allowed in the Letters Patent Appeal and the matter remitted to the Industrial tribunal for readjudication and also, when a similar claim though for different periods, stands declined by the Industrial Tribunal.

3. In order to appreciate the question involved, the brief facts of the case leading to the filing of the present writ petition may be noticed. The petitioner was appointed as clerk-cum-typist by the second respondent, the bank of India (hereinafter referred to as "the bank"), on October 17, 1970. He was promoted to the post of staff officer on december 1, 1976. During his service with the bank, his services were terminated, vide order dated November 26, 1983. The petitioner raised an industrial dispute against the said termination and the appropriate Government, vide its order dated February 11, 1986, referred the same to the Industrial Tribunal for adjudication. The Tribunal adjudicated upon the dispute as to whether the action of the bank in terminating the services of the petitioner was legal and justified and if so, to what relief the workman is entitled. After considering the material on record, the Industrial Tribunal, vide its award dated April 9, 1987, annexure p1. held that the termination order of the petitioner was not passed by the competent authority. Accordingly, he was entitled to reinstatement to his post with full back wages. The bank filed Civil Writ Petition No.3148 of 1987 in this Court against the aforesaid award dated April 9, 1987, annexure PL This Court, while issuing notice of motion, stayed the operation of the said award subject to the provisions of Sec.17-B of the Act on May 27, 1987. The said writ petition was admitted on October 1, 1987, and the stay was directed to continue with the further condition that the bank shall pay the workman back wages awarded by the Labour Court within a month from the order subject to the workman furnishing surety to the satisfaction of the labour Commissioner, Central, Chandigarh. The bank, however, reinstated the petitioner on october 31, 1987, annexure P4, and it was stated that his hack wages were being credited to his savings bank account. The petitioner accordingly reported for duty and he joined on november 2, 1987. The petitioner thereafter made a grievance that the amount of back wages was short. He accordingly moved an application under Sec.33-C (2) of the Act claiming a sum of Rs.60,000. The petitioner thereafter submitted another application dated march 31, 1989, annexure P6, under Sec.33-C (2) of the Act claiming that he was entitled to an amount of Rs.12,300 as per the statement annexed to the said application. On the said application dated March 31, 1989, the order dated December 1, 1999, annexure P9, declining the claim of the petitioner was passed, which is assailed by the petitioner in this writ petition.

4. It is during the pendency of the second application, annexure P6, under Sec.33-C (2) of the Act claiming a sum of Rs.12,300 that Civil Writ Petition No.3148 of 1987 filed by the bank was dismissed on March 11, 1991, annexure P7. While dismissing the writ petition, th