ANAND NURSING HOME Vs. MAHADEV GAIKWAD

JUDGEMENT

(1.) This is a Notice of Motion taken out by the respondent-workman under section 17-B of the Industrial Disputes Act, 1947, hereinafter referred to as the "Act", for full wages last drawn by him or for a direction to deposit the back wages.

(2.) The respondent was directed to be reinstated by the Labour Court along with back wages. The petitioner filed this wit petition which is pending since 7.10.2005. On 22.2.2006 the employer seems to have made a statement before this Court that it would reinstate the respondent. Apparently, therefore, this Court granted stay of back wages. There is some dispute whether thereafter employer allowed the respondent to join work or not. However, it is clear that the respondent workman did not take any steps to enforce the order of reinstatement. Since the respondent was not on duty and continued to remain absent, the petitioner issued a charge-sheet dated 16.2.2007. After holding an inquiry, the petitioner has dismissed the workman which is the subject-matter of an independent proceedings.

(3.) Now in this Notice of Motion, Mr. Mandvia, the learned Counsel for the respondent, submitted that by virtue of section 17-B, the workman is entitled to full wages last drawn by him, if any proceeding is pending in this Court or the Supreme Court. According to the learned Counsel, it does not matter whether the workman has been reinstated and can, therefore, join his duty.