JOSHY Vs. VALIATHOVALA S CO-OPERATIVE BANK

JUDGEMENT

(1.) THE petitioner was dismissed from service. He was directed to be reinstated by the Labour Court, Ernakulam, on 19th January, 1984. The management has challenged the award by filing this writ petition on 13th August, 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 This amount was deposited and withdrawn by the petitioner.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 Section 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.) THE management (petitioner) opposed this claim contending that Section 17-B is not applicable. Section 17-B reads thus:-17-B. Payment of full wages to workman pending proceedings in higher courts, - Where in any case, a Labour Court, Tribunal or National Tribunal by its award directs reinstatement of any workman and the employer prefers any proceedings against such award in a High Court or the Supreme Court, the employer shall be liable to pay such workman, during the period of pendency of such proceedings in the High Court or the Supreme Court, full wages last drawn by him, inclusive of any maintenance allowance admissible to him under any rule if the workman had not been employed in any establishment during such period and an affidavit by such workman had been filed to that effect in such Court. Provided that where it is proved to the satisfaction of the High Court or the Supreme Court that such workman had been employed and had been receiving adequate remuneration during any such period or part thereof, the Court shall order that no wages shall be payable under this section for such period or part, as the case may be. Section 17-B came into force on 21st August, 1984. It is therefore contended, that the section cannot apply to awards made prior to coming into force of this section.