MAHAVIR SINGH Vs. GIAN PARKASH KHURANA

JUDGEMENT

(1.) THE services of the petitioner were terminated by the respondent and on a reference having been made under the Industrial at Disputes Act, an award was male whereby the termination order was set aside and he was ordered to be reinstated with full back wages. The respondent challenged the award in this Court through a petition. Civil Writ Petition] No. 5087 of 1986, which was admitted to hearing and the reinstatement of the petitioner stayed subject to the provisions of section 17-B of the said Act. In spite of an affidavit having been filed by the petitioner in accordance with the requirements of Section 17-B and an application made to the management, his backwages were not paid. He has, therefore, filed this petition under the Contempt of Courts Act, 1971 (for short,the Act) for taking proceedings against the respondent for deliberately disobeying the order of the Industrial Tribunal.

(2.) THE respondent, in his written statement, has stated that all the current wages in accordance with the Provisions of Section 17-B of the Industrial Disputes Act have been paid to the petitioner. So far as the back wages are concerned, it is not disputed that the same have not been paid, but the plea taken is that the petition challenging the award having been admitted, the management was under no obligation to pay the back wages.

(3.) THE learned counsel for the petitioner, relying on the definition of