AMAR DYE CHEM LTD Vs. C M KADAM

JUDGEMENT

(1.) THE controversy in this writ petition pertains to the true meaning of the expression "full wages last drawn" in Section 17-B of the Industrial Disputes Act, 1947 the Act' ). Reference of this case to the Full Bench was necessitated because of the Division Bench decisions of this Court in Elpro International Ltd. v. Shri K. B. Joshi and Ors. (1987-II-LLJ-210) and in Carona Sahu Co. Ltd. v. A. K. Manafkhan and Ors. (1995-I-LLJ-47 ). In Carona Sahu Co. Ltd. (supra) it was held that "full wages last drawn" means the wages which the workman would have drawn if he had been reinstated in the service as per the award. The controversy is whether the expression "full wages last drawn" in Section 17-B means wages drawn by the workman at the time of termination of his employment or wages which he would have drawn on the date of the award.

(2.) THE controversy, however, now stand concluded by the decision of the Supreme Court dated November 19, 1997 in Dena Bank v. Kirit kumar T. Patel reported in (1998-I-LLJ-l ). In that case, the Supreme Court has held that the words "full wages last drawn" must be given their plain and material meaning and they cannot be given extended meaning as given by this Court in Carona Sahu Co. Ltd. (supra ). It is observed in para 22:

(3.) IT is clear from the above that the expression "full wages last drawn" in section 17-B of the Act means the wages which were drawn by the workman when he was in service and when his services were terminated. It cannot be construed to mean wages which would have been drawn by the workman if he had continued in service if the order terminating his services had not been passed.