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IN THE HIGH COURT OF DELHI
Rajiv Shakdher, Talwant Singh, JJ.
Surender Kumar - Appellant
Versus
North Delhi Municipal Corporation - Respondent
LPA 341 of 2021
Decided On : 23-09-2021
| Table of Content |
|---|
| 1. appeal disposed on terms outlined. (Para 1 , 7) |
| 2. application under section 17-b pending. (Para 2 , 3 , 4) |
| 3. no reply filed; judge to consider implications. (Para 5) |
| 4. financial support for appellant granted. (Para 6) |
JUDGMENT
[Court hearing convened via video-conferencing on account of COVID-19]
Rajiv Shakdher, J. (ORAL):
CM APPL. 33281/2021
1. Allowed, subject to just exceptions.
LPA 341/2021 and CM APPL. 33280/2021 [Application filed on behalf of the appellant for interim relief]
2. This appeal is directed against an interlocutory order dated 03.09.2021, passed by the learned single Judge in the application filed by the appellant/workman, under Section 17-B of the Industrial Disputes Act, 1947 [in short, "the Act"].
3. Ms. Meghna De, who appears on behalf of the appellant/workman, says that, the appellant/workman is aggrieved by the fact that, his application under Section 17-B of the Act has not been decided, although, notice in the application was issued, as far back on 03.12.2020.
4. A perusal of the impugned order dated 03.09.2021 shows that, the application i.e., CM Appl. 31264/2020, preferred by the appellant/workman, under Section 17-B of the Act has not been disposed of, as yet.
4.1. The aforesaid application is listed for hearing, on 26.10.2021.
4.2. We may also note that, having regard to the difficulties faced by the appellant/workman and his need for financial support, in view of the marriage of his daughter, the learned single judge has directed release of Rs. 2,50,000/-, out of the amount deposited with the Registry of this Court by the respondent/NDMC.
5. Given this position, we have no doubt that, the learned single Judge will dispose of the application, on the date fixed i.e., 26.10.2021.
6. We may also note that, the respondent/NDMC has not filed a reply to the aforementioned application preferred under Section 17-B of the Act, up until now.
6.1. Our attention, in this context, has been drawn by Ms. De, to the order of the learned single Judge, dated 03.08.2021, whereby two weeks were granted to the respondent/NDMC, to file a reply.
6.2. It was also made clear in the order dated 03.08.2021, by the learned single Judge, that, if the reply is not filed within two weeks from the date of the said order, the right of respondent/NDMC to file a reply shall stand closed.
6.3. These are aspects which the learned single Judge will surely take into account, when the aforementioned application is heard.
7. The appeal, and the pending application are, accordingly, disposed of, in the aforesaid terms.
An application under Section 17-B of the Industrial Disputes Act must be disposed of promptly, and financial support may be granted to the appellant pending the outcome of such applications.
The priority of hearing applications under Section 17-B of the Industrial Disputes Act, 1947 must precede the main writ petition, as established by judicial precedent.
The court's decision was influenced by the interpretation of Section 17B of the Industrial Disputes Act, 1947, as well as the judgments of the Supreme Court and the Division Bench of the High Court r....
Section 17B of the Industrial Disputes Act ensures workmen receive relief without discrimination against temporary workers, emphasizing protection and support during employment disputes.
The employer must prove that the employee is employed and receiving adequate remuneration to avoid payment under Section 17B of the Industrial Disputes Act, 1947.
Appellant-union is entitled to maintain status quo for its members during the pendency of industrial dispute; the Conciliation Officer should expedite resolution.
The general rule is that the workman is entitled to the benefits under Section 17B from the date of passing of the award unless there is undue delay on the part of the workman in approaching the Cour....
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