DELHI TRANSPORT CORPORATION Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) Let this application under Section 17-B of the Industrial Disputes Act, 1947, be numbered.

(2.) Section 17-B of the Industrial Disputes Act 1947 reads as under : 17-B. Payment of full wages to workman pending proceedings in higher Courts. Where in any case a Labour Court, Tribunal or National Tribunal by its award directs reinstatement of any workman and the employer prefers any proceedings against such award in a High Court or the Supreme Court, the employer shall be liable to pay such workman, during the period of pendency of such proceedings in the High Court or the Supreme Court, full wages last drawn by him, inclusive of any maintenance allowance admissible to him under any rule if the workman had not been employed in any establishment during such period and an affidavit by such workman had been filed to that effect in such Court: Provided that where it is proved to the satisfaction of the High Court or the Supreme Court that such workman had been employed and had been receiving adequate remuneration during any such period or part thereof, the Court shall order that no wages shall be payable under this Section for such period or part, as the case may be.

(3.) This provision has been added to the Industrial Disputes Act by Act No. 46 of 1982, which came into force on 21.8.1984. A perusal of the Section shows that upon a workman filing an affidavit that he Is not employed, that award was given by the Labour Court, Tribunal or National Tribunal, reinstating him in service, full wages last drawn by him, are to be given to the workman upon it being proved to the satisfaction of the High Court or the Supreme Court that the workman has been unemployed.