JOSITY Vs. VALIATHOVALA S CO OP BANK

JUDGEMENT

(1.) THE petitioner was dismissed from service. He was directed to be reinstated by the Labour Court , Ernakulam, on 19-1-1984. THE management has challenged the award by filing this writ petition on 13-8-1984. This court granted an interim stay of operation of the award on condition that the management deposits Rs. 1,000/ -. This amount was deposited and withdrawn by the petitioner. THE stay continues.

(2.) THE petitioner has now filed an application under s. 17-B of the Industrial Disputes Act claiming that he should be paid the full wages last drawn by him, during the pendency of this writ petition.

(3.) IF the contention of the management is accepted the position will be that there may not be any liability to pay the dues under s. 17-B if once the award is set aside by the High Court later. This provision gives statutory relief to certain classes of workmen for a limited period and it is not lost simply because ultimately the High Court sets aside the award. The subsequent disposal of the OP. in favour of the management does not affect the earlier right already accrued under S. 17-B to receive some amounts as specified therein.