ABP LIMITED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard learned Counsel for the petitioner on application under Sec. 17B of the Industrial Disputes Act, 1947. This Sec. provides for payment of full wages to workman, pending proceedings in higher courts. It reads thus :

(2.) By means of affidavit along with CAN application No. 7335 of 2016 respondent no. 3 in paragraphs 6 and 7 has averred that he has remained unemployed since the date of his illegal termination by the opposite party/appellant and is, therefore, entitled to get benefit of Sec. 17B of the Industrial Disputes Act, 1947 on his last drawn wages Rs. 1250.00 in Jan. 199

(3.) Learned Counsel for the appellant would argue that the respondent No.3 was not a workman as defined in Sec. 2(s) of the Industrial Disputes Act, 1947, as he was an apprentice engaged under the Apprenticeship Act, 1961. He further submits that since the respondent no.3 was not an apprentice under the definition of workman as defined under Sec. 2 (s) of the Industrial Disputes Act, 1947, he is not entitled to full wages last drawn by him under Sec. 17B of the Industrial Disputes Act, 1947 which in the instant case would not be applicable.