ARORA COMBINES Vs. DAMAJI GANPAT MANKAR

JUDGEMENT

(1.) The Motion has been filed in order to seek relief under section 17-B of the Industrial Disputes Act, 1947.

(2.) By the award of the Labour Court dated 8th March, 2007 the following relief was granted to the workman :

(3.) In paragraph 41 of the award the Labour Court held that having regard to the conduct of the workman, it was not desirable that reinstatement should be granted. As the operative part of the award would show, the Labour Court granted (i) 75% of the backwages from the date of the dismissal until the date of the award; (ii) continuity of service and (iii) 40% of the backwages from the date of the award until the date of superannuation by way of compensation instead of reinstatement. Liberty was granted to the employer if he did not desire to pay compensation to reinstate the workman. Section 17-B of the Industrial Disputes Act provides that where in any case, a Labour Court or 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 the workman, during the pendency of the proceedings, full wages last drawn by him, inclusive of any maintenance allowance. In other words, in order that section 17-B should be brought into operation, the Labour Court or as the case may be, Tribunal must by its award have directed reinstatement of a workman and there must be a proceeding by the employer against the award in the High Court or the Supreme Court.