CENTRAL BANK OF INDIA Vs. DINESH KUMAR KAHAR

JUDGEMENT

(1.) I.A. No.768/2014 filed by the petitioner are taken up for consideration. Vide this application, petitioner seeks direction to respondent-workman to deposit the amount paid towards backwages.

(2.) Petition is directed against an Award passed on 4.5.2012 by the Central Government Industrial Tribunalcum-Labour Court, Jabalpur, directing reinstatement of the respondent-workman with backwages from the date of termination. The operation of impugned Award was stayed on 5.9.2012 subject to compliance of provisions under Section 17B of the Industrial Disputes Act, 1947 (for short '1947 Act'). The petitioner despite the said order paid an amount of Rs.3,82,554/- being the backwages vide Cheque No.ENG/G No.0357826 dated 24.4.2013 in compliance of Section 17B of 1947 Act. It is the refund of this amount which is being sought vide present application on the submissions that instead of paying the wages last drawn by the workman, entire backwages has been paid by misconstruing the provisions of Section 17B of 1947 Act and a wrong advice given by the counsel conducting the case.

(3.) Respondent-Workman has opposed the application. Considered rival submissions.