DIRECTORATE OF ADULT EDUCATION Vs. BIRENDER KUMAR

JUDGEMENT

(1.) This application has been preferred by Respondent no. 3, Sh. Kuldeep Singh, for grant of wages under Section 17B of the Industrial Disputes Act, 1947 (Act for short), since the impugned award dated 24.03.2008 directs reinstatement of the respondent into service, which has been stayed by this Court vide order dated 01.09.2008. It is pertinent to note, than an earlier application bearing C.M. no. 6427/2009 under Section 17B of the Act was dismissed as not pressed vide order dated 26.08.2011 after the petitioner in its reply to the 17B application submitted that the respondents were gainfully employed. In respect of respondent no. 3, the petitioner had submitted that he was farming in his native village.

(2.) In the present application moved only on behalf of respondent no. 3, it is submitted that due to acute financial hardship, after passing of the award dated 24.03.2008, the respondent engaged in agricultural activity only to help his family members and that no real income was being generated from such activity. It is submitted that the agricultural produce of rice and wheat was used to feed the respondent and his family and that agricultural activity by itself is not gainful employment.

(3.) The respondent would have had to undertake some activity to meet the basic needs of sustenance. Carrying out of small and menial jobs by a retrenched workman to keep his body and soul together cannot be a grounds to deny him of his statutory right to claim wages under Section 17B, which is intended for the workman to meet his basic needs. The petitioner has not brought any evidence on record to show that the income accrued to the respondent from such farming was equivalent to adequate wages.