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IN THE HIGH COURT OF DELHI AT NEW DELHI
Renu Bhatnagar, J
State Bank Of India – Appellant
Versus
Kundal Lal Arya – Respondent
| Table of Content |
|---|
| 1. nature of section 17b application and background. (Para 1 , 2) |
| 2. arguments on gainful employment, delay, and age of superannuation. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. evidentiary burden under section 17b regarding gainful employment. (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 4. awarding of section 17b wages adjusted for delay and superannuation. (Para 19 , 20 , 21 , 22) |
J U D G M E N T
RENU BHATNAGAR, J.
CM APPL. 20215/2018
1. This is an application filed on behalf of the respondent/workman under Section 17B of the Industrial Disputes Act, 1947(hereinafter referred to as, ‘ID Act’) read with Section 226 of the Constitution of India seeking direction to the petitioner/management to pay the respondent/workman his last drawn wages or minimum wages, whichever is higher, from the date of the Impugned Award dated 11.10.2006, vide Order dated 26.03.2007.
2. Briefly stated, the respondent/workman was employed by the petitioner bank as a peon on daily wages since June 1994, with a last drawn salary of Rs. 2550/- P.M. @ Rs. 85 per day. The respondent was terminated on 08.07.2002, which was alleged to be illegal and wrongful. Being aggrieved with his termination, the
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