K BHASKARAN Vs. R JANARDHANAN PILLAI

JUDGEMENT

(1.) The award made in favour of the workman, the third respondent in the appeal, directing the appellant to reinstate him in service with backwages, having been affirmed by the learned single Judge in the writ petition, the appellant has come up with this appeal. This application has been made under S.17-B of the Industrial Disputes Act for payment during the pendency of appeal the wages last drawn by the third respondent. The application is opposed by the appellant alleging that the third respondent is gainfully employed as a driver under a particular employer and driving a particular vehicle. The workman has filed an affidavit denying these averments. He has averred that right from the date of his dismissal from service, he has not been employed anywhere. He has also denied the allegation that he is employed as a driver. He has stated that he does not know driving and he does not have p driving licence. Thus there is word against word. The appellant has not produced any satisfactory material in support of his case that the third respondent is working as a driver. In this state of material, it has to be held that the appellant has failed to establish that the third respondent is employed as a driver and that therefore he is not entitled to the benefit of S.17-B of the I.D. Act.

(2.) Learned counsel for the appellant then submitted that the appellant's industry has been chosen down on 14-9-1988 and that therefore it is impossible to reinstate the third respondent in service. He contended that only when reinstatement is possible and the employer does not reinstate the workman in service that the liability under S.17-B gets attracted and not otherwise. As reinstatement is not possible in this case because of closure, it was submitted that no order can be made under S.17-B of the Act. There is no serious dispute about closure of the industry. We have therefore to examine whether closure of the industry after the award of the labour court directing reinstatement is relevant for the purpose of passing an order under S.17-B of the Act.

(3.) For the sake of convenience, we extract S.17-B of the Act as follows: