HARSHA CHANDRAKANT TRIVEDI Vs. MIRC ELECTRONICS LTD

JUDGEMENT

(1.) A neat question of law arises for consideration - whether the benefit under Sec. 17B of the Industrial Disputes Act, 1947 continues to become available to workman during the period of pendency of proceedings challenging the judgment and award of reinstatement even after workman attains the age of superannuation.

(2.) The basic facts in the backdrop are inter alia that judgment and award of the Labour Court dtd. 22/7/2017 in Reference (LCA) No. 953 of 2004 directing reinstatement and payment of backwages to the appellant-workman came to be stayed by this Court in Special Civil Application No. 8001 of 2018 filed by the respondent employer. The stay was granted subject to payment of wages under Sec. 17B of the Industrial Disputes Act, 1947 (hereinafter referred to as the "Act"). Also was the direction issued to the employer to furnish bank guarantee towards the amount of backwages payable as per the judgment and award.

(3.) In the aforesaid proceedings, the appellant- workman filed the Civil Application for vacating interim relief No. 2 of 2022, on the ground that the employer had not been complying with the provisions of Sec. 17B of the Act. In that Civil Application, order dtd. 16/1/2022 came to be passed by learned Single Judge observing that the prayer for vacating the interim relief would have no consequence since the workman had retired. The applicant - workman retired with effect from 31/5/2020.