DELHI TRANSPORT CORPORATION Vs. BRAHAM PRAKASH

JUDGEMENT

(1.) This is an application by the respondent/applicant under Section 17 B of Industrial Disputes Act, 1947 seeking direction to the petitioner to pay the wages not less than the minimum wages from the date of the award till the final disposal of the writ petition.

(2.) The case of the respondent/applicant is that the application of the petitioner under section 33 (2) (b) of the Industrial Disputes Act, 1947 was dismissed by order dated 31st March, 2003 which is impugned by the petitioner in the present writ petition. The operation of the impugned order dated 31st March, 2003 was stayed by this Court by order dated 11th January, 2005.

(3.) The applicant has relied on Jaipur Zila Sahkari Bhoomi Vikas Bank Limited Vs. Shri Ram Gopal Sharma, 2002(92) FLR 667, holding that that once the application of the management for approval of its action is dismissed by the Tribunal, the workman is deemed to be in the service of the management and for that no separate order of reinstatement is required.