DECCAN CHARTERS PRIVATE LIMITED Vs. SARITA TIWARI

JUDGEMENT

(1.) The present application has been filed by the respondent/workman under Section 17-B of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') praying for a direction to the petitioner to pay her the wages last drawn by her from the date of the impugned Award i.e. 04.10.2012 to 02.07.2013 and thereafter from 01.01.2016 till the disposal of the present writ petition. However, an additional affidavit was filed by the respondent/applicant on 03.05.2018 wherein the respondent has categorically stated that she is now claiming the benefit of Section 17-B of the Act only from 01.01.2016.

(2.) The present writ petition has been filed impugning the Award dated 04.10.2012, whereunder the learned Labour Court after considering the pleadings of the parties and the evidence laid before it, came to the conclusion that the respondent/applicant had been illegally terminated and therefore directed the petitioner to reinstate the respondent with full back wages and continuity of service besides other consequential benefits.

(3.) Upon notice being issued in the present application, the petitioner/non-applicant has filed a reply wherein, except making bald allegations, no material averments have been set out to deny the respondent's averments that she continues to be unemployed since 01.01.2016 and has no other source of livelihood.