B N SINGH Vs. HINDUSTAN ANTIBIOTICS LIMITED

JUDGEMENT

(1.) We have heard the appellant, who is present in person, as well as learned counsel for the respondent. The present Letters Patent Appeal is directed against the order dated 24.04.2019, passed by the learned Single Judge in C.M. No. 16947/2018 in W.P.(C.) No. 8297/2016. The learned Single Judge has disposed of the said Civil Miscellaneous Application preferred by the appellant under Section 17B of the Industrial Disputes Act, who is the respondent in the aforesaid writ petition.

(2.) The appellant, who was employed with the respondent, was removed from service with effect from 14.10.2009. He raised an industrial dispute and the Labour Court passed an industrial award in his favour directing his reinstatement while finding his termination to be illegal. The respondent, which is a Government owned Company, has preferred the aforesaid writ petition to assail the industrial award directing reinstatement of the appellant.

(3.) The appellant, upon service in the writ proceedings, filed an application under Section 17B of the Industrial Disputes Act i.e. C.M. No. 169472018 to claim the last drawn wages during pendency of the writ proceedings. It appears that he failed to file an affidavit in support of the application. Vide order dated 25.02.2019, the learned Single Judge noted the said objection raised by the respondent herein, and granted 2 days time to the appellant to file the affidavit in support of the application along with the documents to show his last drawn wages. Accordingly, the appellant filed his affidavit dated 26.02.2019, wherein he, inter alia stated