INDIAN HOTELS COMPANY LTD Vs. NAMDEO V. SANAS

JUDGEMENT

(1.) This application is taken out by the appellant - employer with a prayer to modify an order dated 23.9.2015 as modified by order dated 26.10.2015 on notes for speaking to the minutes. The appellant has challenged the judgment of the learned Single Judge providing for reinstatement of the respondent - workman. The LPA has been admitted. The Division Bench in Civil Application No. 235 of 2012 passed an order on 23.9.2015 which provided for the employer to pay the minimum wages prevailing at that time i.e at the rate of Rs. 8628/- (rounded off at Rs. 8600/-) per month from the date of filing of the application till further orders. This was done in exercise of powers under Section 17-B of the Industrial Disputes Act, 1947 (" The Act " for short). This order was subjected to minor corrections on the note for speaking to the minutes which was disposed of on 26.10.2015. It is not necessary for us to refer to these changes.

(2.) In this application, the employer points out that the respondent-employee has crossed the age of superannuation on 16.3.2016 and as per the policy of the employer, he would have superannuated at the end of the month i.e 31.3.2016. The case of the applicant - employer therefore is that post such superannuation, the workman cannot claim wages under Section 17-B of the Act. It is stated that on account of the orders passed by this Court, the employer had to continue to pay the same till now. It is in this background that the above noted prayer has been made.

(3.) Learned counsel for the applicant submitted that once the employee crosses the age of superannuation, he cannot claim benefit of wages under Section 17-B of the Act. He relied on certain decisions which we would refer to later.