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2024 Supreme(Online)(GUJ) 24555
HIGH COURT OF GUJARAT
M. K. THAKKER, J
DEPUTY EXECUTIVE ENGINEER – Appellant
Versus
PARMAR JAYANTIBHAI CHAGANBHAI – Respondent
CIVIL APPLICATION (FOR DIRECTION) NO. 2 of 2023 In R/SPECIAL CIVIL APPLICATION NO. 4961 of 2017
The court affirmed that employees are entitled to wages under Section 17B of the Industrial Disputes Act during litigation to mitigate financial hardship.
Headnote:(A) Industrial Disputes Act, 1947 - Section 17B - Grant of wages to employees who are not gainfully employed - Applications filed after over five years from the admission of petitions - Court emphasized the need to support employees during litigation - Wages under Section 17B to be paid from the date of application. (Paras 1, 7, 9, 10)
(B) Judicial notice taken of the imbalance of power between employer and employee - The objective of Section 17B is to prevent employees from suffering due to delays in judicial proceedings. (Paras 4, 7)
Facts of the case:
Applicants, terminated in 2003, sought wages under Section 17B, claiming unemployment. The applications were opposed on grounds of delay and lack of evidence regarding employment status. (Paras 1, 5)
Findings of Court:
The applications were allowed, directing payment of wages under Section 17B from 15.03.2023, with arrears to be cleared within 12 weeks. (Paras 9, 10)
Issues: The main issues included the delay in filing applications and the verification of employment status. (Paras 2, 3)
Ratio Decidendi: The court held that the benefits of Section 17B should be granted to support employees during litigation, recognizing the inherent power imbalance. (Paras 4, 7.1)
Result: Applications allowed.
IA ORDER
ORDER IN CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2023 In R/SPECIAL CIVIL APPLICATION NO. 7796 of 2017, CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2023 In R/SPECIAL CIVIL APPLICATION NO. 7797 of 2017, CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2023 In R/SPECIAL CIVIL APPLICATION NO. 7801 of 2017, CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2023 In R/SPECIAL CIVIL APPLICATION NO. 7810 of 2017, CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2023 In R/SPECIAL CIVIL APPLICATION NO. 7826 of 2017, CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2023 In R/SPECIAL CIVIL APPLICATION NO. 7850 of 2017 & CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2023 In R/SPECIAL CIVIL APPLICATION NO. 7852 of 2017:
As stated by the Registry, no affidavit has been filed in the aforesaid Civil Applications. Hence, adjourned on 03.12.2024.
ORDER IN REST OF THE CIVIL APPLICATIONS:
1. These applications are filed praying to grant the wages under section 17B of the Industrial Disputes Act, 1947 declaring that the applicants are not gainfully employed in any establishment and they are unemployed till date.
2. This application was opposed by the learned advocate Mr.Parth Bhatt stating that though the matter was admitted by this Court vide order dated 09.08.2018, the applications were filed after more than 5 years. It is further submitted that previously the application for fixing date of final hearing is disposed of and vide order dated 25.01.2023, the matter was fixed for final hearing on 27.02.2023. Learned advocate Mr.Bhatt submits that only with a view to avoid the final hearing of the main matter the present application is filed. It is further contended that in application under section 17-B details regarding age and addresses are not stated and in absence of the same opponent herein is unable to verify about gainful employment. It is therefore prayed to dismiss the application and to hear the main matter finally.
3. Considering the submission made by both the parties and averments made in the application as well as in the reply filed by the opponent wherein, with regard to gainful employment no incriminating evidence placed along with affidavit. The submission of learned advocate Mr.Bhatt that in absence of any details with regard to the address it would be difficult for the opponent herein to verify the details. However, no such contentions in raised in the reply which is filed on 04.05.2023, even after 04.05.2023 though, more than six months has been passed but till date no controverting material was placed before this Court to show that applicants are gainfully employed elsewhere.
4. At this stage object of section 17B is required to be kept in mind. Section 17-B is inserted by Act No.46 of 1982 and it has become effective since 21st August, 1984. The reason for which this section is inserted is apparent. A judicial notice can be taken of the fact that of the two, that is, employer and employee, the employer is mightier while the employee is weak not only economically but in its overall position. It is also not unknown that after adjudication by the Labour Court or the Tribunal in favour of an employee, filing of an appeal before the High Court or a higher forum, is a matter of routine practice and after filing of such an appeal obtaining `interim order' seeking stay against the execution, operation and implementation of the order of the Court of the first instance is also not uncommon. This used to result into leaving the employee high and dry despite an order passed in his favour. It is also a known fact that there was no certainty as to how long the said agony will last as once the appeal is admitted, factor of uncertainty sets in and, therefore, to overcome that difficulty, the present section is introduced on the Statute Book. The object is to help an employee to subsist and survive.
5. The applicants were terminated from the service in the year 2003 and award was passed by the learned labour court on 26.05.2016 challenging the above aforesaid award pet
