(1.) Mr.S.P.Ramesha, learned counsel for the petitioner. Mr.Ganapathy Hegde, learned Senior counsel along with Miss Priya Kale, learned counsel for the respondent. This intra Court appeal has been filed against the order dtd. 26/7/2021 passed by the learned Single Judge by which the application preferred by the appellant under Sec. 17-B of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act' for short) was dismissed.
(2.) Facts leading to filing of this appeal briefly stated are that the appellant joined employment of the respondent - Company on 4/1/2001 as a Claim Processor. Thereafter, he was elevated to the position of Group Leader w.e.f. 1/4/2004. The appellant's services were terminated by the respondent - Company. Being aggrieved, the respondent initiated the proceedings under the Act. The Labour Court, by an award dtd. 25/7/2019, directed reinstatement of the services of the appellant and further directed the respondent to pay 35% of the backwages to the appellant.
(3.) The respondent challenged the award passed by the Labour Court in a writ petition. In the said writ petition, the appellant filed an application under Sec. 17-B of the Act seeking payment of wages during the pendency of the writ petition. The respondent filed objections in which inter alia it was pointed out that the appellant is gainfully employed. In support of aforesaid submissions, whatsapp chat of the appellant was annexed.