J U D G M E N T

SATISH CHANDRA SHARMA, C.J.

1. Section-17B of the Industrial Disputes Act, 19471 enjoins the employer to grant full wages to an employee, who has secured an award in his favour, during the pendency of the proceedings before the High Court or the Supreme Court. The pre-condition for such grant is that the employee must not be gainfully employed during the said period. The impugned order

1 Hereinafter referred as “the 1947 Act” or “the Act”

granted 50% of the back wages from the date of the award. The appellant before us prays for the grant of full wages or full minimum wages, whichever is higher, for the entire period from the date of award as he was not gainfully employed during the said period.

2. Shorn of unnecessary details, the controversy between the worker and the management began in the year 2015. Later, on 20.02.2017, the appellant was dismissed from employment. Upon failure of the attempt at conciliation, the matter was referred to the Labour Court at Dwarka, New Delhi for testing the legality of the dismissal order. By its order dated 27.01.2018, the Labour Court passed an award in favour of the appellant and held the termination to be unjustified. The Court fu