STATE OF PUNJAB Vs. BABU RAM

JUDGEMENT

(1.) This Letter Patent Appeal has been directed against order dated September 30, 1986 passed in Civil Misc. No. 2536 of 1986, C.M. No. 935 of 1986 in C.W.P. No. 698 of 1985.

(2.) According to the statement of Claim put by the respondent before the Labour Court, he was engaged as a casual labourer in the Zoological Park, Chhatbir and was drawing Rs. 310/- per month by way of wages, when his services were wrongly terminated on August 16, 1982. He claimed reinstatement with continuity of services and full back wages. The Presiding Officer, Labour Court, Patiala by his award dated September 13, 1983 held that the respondent was entitled to reinstatement with continuity of service and that he shall be entitled to full back wages. State of Punjab challenged the award of the Labour Court in Civil Writ Petition of 698 of 1986 which is pending decision. During the pendency of the writ petition, respondent filed C.M. No. 2536 of 1986 praying therein that he be paid arrears of wages which were being paid to the regular employees, with interest. The said application was allowed by the learned Single judge vide order dated September 13, 1986 and while allowing the application the State of Punjab was directed to pay to the respondent the arrears at the same rate which was being paid to the next below junior. In this appeal, the order of the learned Single Judge is being impugned on the ground that during the pendency of the writ petition the respondent is not entitled to payment of wages at the same rate like other workmen who are actually working in the department, but is entitled to payment of wages only at the rate last drawn by him.

(3.) On hearing counsel for the appellant we are of the view that the respondent is entitled to the payment of wages at the rate at which he was being paid immediately before termination of his services. The payment of wages to a workman pending proceedings in High Court is governed by the provisions of Section 17-B of the Industrial Disputes Act. It reads as under:-