PUNJAB NATIONAL BANK Vs. HARISH CHOPRA

JUDGEMENT

(1.) This is an application filed by the respondent/workman under Section 17B of the Industrial Disputes Act, 1947 seeking direction to the petitioner to pay wages to the respondent/workman from the date of the Award dated 27th July, 2006 and continue to pay the last drawn wages during the pendency of the present writ petition.

(2.) The contention of the applicant was that by the Order dated 12th September, 2000 a punishment of compulsory retirement with superannuation benefits was imposed upon the applicant. A reference was made pertaining to punishment imposed on the respondent. An award dated 27th July, 2006 was passed in favor of the respondent under the punishment imposed on the applicant was set aside and the applicant was reinstated with all consequential benefits with full back wages from the date of the punishment Order dated 12th September, 2000.

(3.) This award is impugned by the petitioner in the above noted present petition. The applicant submitted that since his compulsory retirement he is unemployed and not working anywhere. He stated that he had stated so even before the Tribunal which had set aside his order of compulsory retirement. The applicant has also contended that it has been held by the Supreme Court of India as well as various Division Benches of this Hon ble Court that when the award directing reinstatement is challenged by the management, then the payment of wages under section 17B is to be granted by the Higher Courts from the date of the Award to skilled , semi-skilled and unskilled workman. The applicant submitted that he should be reinstated as he is also a skilled workman. An affidavit is also filed by the respondent in which it was stated that he has not been employed anywhere after his termination of services by way of compulsory retirement with effect from 12th September, 2000.