LAWS(KAR)-2023-2-290

SYED NAVEED Vs. S. CHANDRASHEKAR

Decided On February 06, 2023
Syed Naveed Appellant
V/S
S. Chandrashekar Respondents

JUDGEMENT

(1.) The accused, petitioner before the learned Single Judge in W.P.No.55896/2015 has challenged the order dtd. 20/5/2015, passed by the Principal Labour Court, Bengaluru in ID No. 136/2014, wherein the order of dismissal passed by the petitioner against the respondent was set aside. By taking recourse to the provisions of Sec. 17-B of the Industrial Disputes Act, 1947 (for short 'the ID Act '), an application was filed for directions. The Learned Single Judge vide order dtd. 28/6/2022, directed the petitioner-Corporation to pay the wages under Sec. 17-B of the Industrial Disputes Act, 1947 (for short 'the ID Act ') to the respondent from the date the award became enforceable till the disposal of the writ petition.

(2.) The learned Single Judge considering the submission that the respondent/complainant was not gainfully employed in any establishment and on perusal of the application and the affidavit filed on behalf of the respondent seeking 17-B wages, issued the above said direction to the petitioner-Corporation.

(3.) Learned counsel for the complainant/respondent submits that though a direction was issued by the learned Single Judge, as the amount of wages is not paid to the complainant by the petitioner-Corporation, the act of non- payment of wages is nothing but a willful disobedience of the order of this Court. As such, the learned counsel pray for entertaining the contempt by issuing notice to the respondents.