HINDUSTAN UNILEVER LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an application under Section 17-B of Industrial Disputes Act, 1947 filed by the workman seeking directions to the management to pay him full wages as last drawn by him admissible to him under the Rules till the decision of the present writ petition. Reply to this application has not been filed by the management. Mr. Sandeep Prabhakar learned counsel appearing on the behalf of the management on instructions from his client says that the Court may pass appropriate order under Section 17-B even without waiting for reply of the management.

(2.) THE management in this writ petition has assailed an award dated 05. 09. 2008 passed by Mr. S. K. Kaushik, POLC XII, Delhi directing reinstatement of the workman (respondent No. 2 herein)with 40% back wages. The award has been challenged on various grounds including on the ground of jurisdiction of the court below to entertain the reference. The objection of jurisdiction taken by the management shall be considered while deciding the main writ petition. The workman in his application under Section 17-B which is supported by his affidavit has stated that he has remained unemployed ever since his services were illegally terminated by the management i. e. since 19. 12. 2003. Since the affidavit of non-employment filed by the workman has remained uncontroverted, I have no reason to doubt the same. Under the circumstances, the workman is entitled to have the benefit of section 17-B of the Industrial Disputes Act, 1947. The management (the petitioner herein) is accordingly directed to pay the last drawn salary admissible to the workman as per rules from the date of award till the decision of the present writ petition. The arrears be paid to him within six weeks.

(3.) IN view of the above, this application stands disposed of. WP (C)No. 7050/2008