INDIAN EXPLOSIVES LTD Vs. FOURTH INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) The question involved in this interlocutory application is whether a workman in whose favour an award has been passed by a Labour Tribunal and the employer challenging the Award moved the High Court or the Supreme Court, the concerned workman is entitled to get wages last drawn as provided under Section 17B of the Industrial Disputes Act, 1947.

(2.) On 3rd of September 1980, the service of the respondent No. 4 being the concerned workman was terminated by the petitioner on a domestic enquiry being held. As against the order of termination, an order of Reference was made by the State Government on 1st of October 1982 on the issue whether the dismissal of the concerned workman was justified or not. The tribunal by an award dated 23rd August, 1984 held that the order of dismissal was unjustified and also came to the conclusion that the workman was entitled to reinstatement in service with full pay and back wages.

(3.) This award of the tribunal was challenged by the petitioner in this Court which is pending adjudication.