MALAKAJAPPA S.DHARI Vs. MANAGEMENT

JUDGEMENT

(1.) This intra Court appeal arises from the orders dtd. 9/2/2022/25/5/2022 passed by the learned Single Judge by which, the application filed by the appellant under Sec. 17B of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act' for short) has been dismissed inter alia on the ground that the provisions of Sec. 17B of the Act do not apply in a proceeding which arises out of an order passed under Sec. 33(2)(b) of the Act.

(2.) We have heard learned counsel for the parties. The aforesaid issue has already been answered by this Court in the judgment dtd. 2/9/2022 passed in W.A.No.1074/2021 and it has been held that the provisions of Sec. 17B of the Act are applicable in a proceeding which arises from an order passed under Sec. 33(2)(b) of the Act.

(3.) For the reasons assigned in the aforesaid judgment, the orders dtd. 9/2/2022/25/5/2022 are set aside. The application filed by the appellant under Sec. 17B of the Act is allowed. In the result, the appeal is allowed. The pending interlocutory application does not survive for consideration and is accordingly disposed of.