EMPLOYER IN RELATION Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. Ram Balak Mahto, learned Senior Counsel appearing for the petitioner and Mr. A.K. Sinha, learned Counsel appearing for the respondents on the application filed under Sec. 17 -B of the Industrial Disputes Act 1947.

(2.) PETITIONER has preferred the instant writ petition challenging the award dated 1.5.1997 passed by Central Government Industrial Tribunal (No. 2) at Dhanbad in reference case No. 51 of 1993 by which Tribunal has directed to reinstate and regularize services of the workmen con cerned with payment of 40% full back wages and other benefits within three months from the date of publication of the award.

(3.) MR . Sinha, learned Counsel appearing for the workmen submitted that the workman concerned except Mr. N.K. Choudhary and Mr. Ramesh Kachekar were not gainfully employed anywhere from the date of their termination of services and, therefore, they are entitled to the benefits as provided under Sec. 17 -B of the said Act. Learned Counsel further submitted that the workmen have filed their separate affidavit to the effect that they are not gainfully employed.