MIDEAST INDIA LIMITED Vs. K M UNNI

JUDGEMENT

(1.) . C.M.No.2644/2000 is an application moved by the workman under Section 17-B of the Industrial Disputes Act (hereinafter referred to as "the Act'). An award was passed by the Presiding Officer, Labour Court X, directing reinstatement of the workman. It was held that the services of the workman were terminated by the Management without compliance with Section 25-F of the Act. The petitioner has challenged this award in the present writ petition filed on 26.5.1999.

(2.) . Notice to show cause was issued in the writ petition on 26.5.1999. Petitioner was required to deposit 50 per cent arrears of back wages as per order dated 11.12.1998 of Labour Court The Labour Court had ordered the ex parte award to be set aside, subject to the deposit as aforesaid. It is not disputed before me that the said amount was not deposited as a consequence the ex parte award was not set aside and is subsisting.

(3.) . Coming to the application under Section 17-B of the Act, it is not disputed before me that the last drawn wages of the workman/applicant was Rs.3.000/-P.M.. writ Petition was filed in last week of May,1999. Learned counsel for the applicant states that the respondent-workman is not gainfully employed and is in penury. In the application under Section 17-B of the Act, it was averred that respondent No.1 is out of employment since 7 years and is having serious financial problems and is unable to find alternative employment. There is an affidavit in support of the application. Further, in a subsequent affidavit dated 9.10.2000, it has been specifically averred that the respondent could not get any alternative employment after termination of service.