DELTA INFRALOGISTICS (WORLDWIDE) LTD. Vs. MOHAN K.E.

JUDGEMENT

(1.) This intra court appeal emanates from an order dtd. 3/9/2021 passed by learned Single Judge, by which application preferred by the respondent under Sec. 17D of the Industrial Disputes Act (hereinafter referred to as 'the Act' for short) is allowed and the appellant has been directed to pay the arrears of wages and to continue to pay wages to the respondent until further orders or until final decision of this writ petition.

(2.) Facts giving rise to filing of the appeal briefly stated are that the appellant is a Company registered under the Companies Act and is engaged in providing services to its customers in various segments. The respondent No.1 (hereinafter referred to as 'the workman' for short) was appointed as Heavy Vehicle Driver in the establishment of the appellant. After a departmental enquiry, the disciplinary authority by an order dtd. 20/9/2017 imposed a penalty of dismissal on the workman. The appellant sought approval of dismissal by filing an application under Sec. 33(2)(b) of the Act. The aforesaid application was rejected by an award dtd. 26/4/2019.

(3.) The said award was challenged by the appellant in a writ petition before the learned Single Judge. In the said writ petition, the workman filed a petition under Sec. 17B of the Act seeking payment of wages. The aforesaid application was resisted by the appellant on the ground that workman is self employed as he plies an auto rickshaw and therefore, is gainfully employed.