Monday, April 1, 2013

INDUSTRIAL DISPUTES ACT 1947 - Sec. 17B

COMPLIANCE OF SEC 17B

Sec 17B - Reinstatement with back wages till 5-5-92 - Leagality of - Award challenged, makes obligatory for the employer to pay the workman during the pendency of proceedings in the High Court or Supreme Court full wages last drawn by the workman - scope of section 17-B of the Act - Very clear- Leaves no discretion with the superior Court to give relief to the successful workman of not to give - Relief can be denied only if the employer shows that the workman was gainfully employed in some industrial establishment - Management directed to pay the workman his last drawn wages or the minimum wages fixed from time to time, whichever is higher from the date of passing the impugned award till pendency of the writ petition subject to undertaking. Delhi High Court dated 19-09-2012  in CM no. 17172 of 2006 : Mysore Lamps Works Ltd V/s Girish Kumar Jain [2012(135) FLR 1011]

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