KAKUMONI BHUYAN Vs. MANAGEMENT OF APOLLO HOSPITALS GUWAHATI

JUDGEMENT

(1.) Heard Shri S Chakraborty, learned counsel for the applicant-respondent no.1. Also heard Shri SN Sarma, learned Senior Counsel assisted by Shri K Kalita, learned counsel for the opposite party.

(2.) This is an application under Section 17 B of the Industrial Disputes Act, 1947 (for short hereafter referred to as Act) for payment of full wages last drawn.

(3.) Shri Chakraborty, learned counsel for the applicant submits that this Court vide order dated 02.09.2020 while issuing notice, had stayed the operation of the judgment and award dated 11.03.2020 passed by the learned Labour Court, Guwahati, Assam in Reference Case No.01/2019. By the said award dated 11.03.2020, the applicant-respondent no. 1 was directed to be reinstated in service with full back wages. By drawing the attention of this Court to the provision of law, namely, Section 17 B of the Act, it is submitted that on preferring of any proceeding against such an award to the High Court or the Supreme Court, the employer shall be liable to pay the workman, during the pendency of the proceeding, full wages last drawn and an affidavit has to be filed to the effect of not being gainfully employed. Attention of this Court has also been drawn to the pleaded case of the workman as well as the averments made in this Interlocutory Application regarding the lack of gainful employment from the date of suspension till the date. It is submitted that such wages has to be calculated from the date of the award to give a proper meaning to the legislative intent.