GOVT OF NCT OF DELHI Vs. OMBIR SINGH

JUDGEMENT

(1.) This is an application by the respondents/workmen under Section 17 B of Industrial Disputes Act, 1947 seeking direction to the petitioner to pay full wages last drawn or minimum wages, to the respondents/workmen from the date of the award, 19th January, 2004 of the Industrial Tribunal No.-II during the pendency of the writ petition.

(2.) The respondents/applicants contended that they are entitled for last drawn wages or minimum wages from the date of the award till the decision of the writ petition. The applicants contended that the award dated 19th January, 2004 directed reinstatement of the workmen which has been challenged by the petitioner and the operation of the impugned award was stayed by the Hon ble Court vide order dated January 4th, 2006. The respondents/applicants also contended that they have not been employed in any establishment nor they are engaged with any other employers/firms/companies/ establishment and they could not secure the same despite best efforts on their part. The respondents/applicants also submitted that it is very difficult for them to maintain themselves and their family members who are totally dependent on them although all efforts are being made by them. In the circumstances the applicants have prayed that they be paid full wages with effect from 19th January, 2004 the date of the award.

(3.) Separate affidavits have been filed by Sh. Ombir Singh, Sh. Kanwar Pal, and Sh.Nirbhay Singh, represented through CPWD Mazdoor Union, C/o Room No. 95, Barracks No.1/10, Jam Nagar House, Shah Jahan Road, New Delhi. They have categorically deposed that they are not employed in any establishment and are entitled for benefits as per the requirements of the section 17B of the Industrial Disputes Act, 1947.