VALLABHBHAI PATEL CHEST INSTITUTE Vs. NISHIKESH TYAGI

JUDGEMENT

(1.) The petitioner in this writ petition impugns the award dated 29th July, 2002 of the Labour Court holding the termination by the petitioner of the services of the respondent workman to be illegal and directing reinstatement of the respondent workman with full back wages and continuity of service. This Court while issuing notice of the petition, vide order dated 10th November, 2003 stayed the operation of the award and/or recovery in enforcement thereof. The said order continues to remain in force.

(2.) The petitioner has opposed the application under Section 17B of the I.D. Act on the following grounds:

(3.) Per contra, the counsel for the respondent workman has contended that queries under the Right to Information Act were made from Kirori Mal College and it was replied that the Minimum Wages Act applies to the college. It is argued that on same basis, the said Act applies to petitioner also. Attention is also invited to the claim petition before the Labour Court where it was pleaded that the respondent workman was being paid minimum wages as prescribed by Delhi Administration from time to time and to the express admission to the said effect in the reply filed by the petitioner before the Labour Court. The counsel for the respondent workman also relies upon Ramjas College v. Presiding Officer, 2005 118 DLT 605 where a Single Judge of this Court held that it is settled law that payment under Section 17B was to be at the rate of minimum wages or last drawn wages whichever is higher.