INDIAN AIRLINES LTD Vs. SH HARKESH

JUDGEMENT

(1.) THE respondent/workman has filed this application under Section 17b of the Industrial Disputes Act, 1947 read with section 151 of the Code of Civil procedure, 1908 seeking a direction to the petitioner to pay to the respondent/workman full wages for the period of pendency of the proceedings before this court

(2.) THE respondent/applicant contended that the impugned award directing his reinstatement with back wages was passed on 30 June, 2004 and that he has not been gainfully employed in any establishment since the date of his illegal termination of his services and till date he is unemployed and he has no other source of livelihood.

(3.) A reply to the application of the respondent under section 17 B has been filed on behalf of petitioner/non-applicant wherein the petitioner contended that the application of the respondent no. 1 under section 17b of the industrial Disputes Act, 1947 is not maintainable as no proof of averments made in this application has been produced/filed before this court and the relief prayed therein cannot be granted. The petitioner has also denied the factum of unemployment of the respondent. It is contended that it is not possible for the applicant/respondent to be unemployed since the termination of his service. It is also asserted that the provision of section 17b of the Industrial Disputes act, 1947 is not applicable to the respondent/workman.