STATE BANK OF INDIA Vs. JUDGE, INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) An application has been filed by the respondent-workman under Sec. 17-B of the Industrial Disputes Act, 1947 (for short "the Act of 1947" hereinafter).

(2.) The petitioner herein filed the present writ petition against the award of the Labour Court, Udaipur directing reinstatement of respondent no.2 with full back wages. After hearing counsels for parties, this Court vide its order dated 11.9.2003 admitted the writ petition and stayed the effect and operation of the impugned award dated 13.1.2003. Since the application filed under section 17-B of the Act was still pending, vide order dated 28.4.2008 it was ordered that the application filed under Sec. 17-B of the Act would be decided by a composite order on final adjudication of the writ petition. As the respondent-workman was pressing for adjudication upon the application filed under Sec. 17-B of the Act of 1947 prior to the consideration of the main writ petition, the order dated 28.4.2008 was challenged before the Division Bench in D.B.Civil Special Appeal No. 610/2010. The appeal was allowed vide order dated 20.1.2011 wherein the Division Bench directed that application filed under Sec. 17-B of the Act to be considered before hearing the case finally and a separate order to be passed in that regard. Consequent thereto, the matter has been posted for disposal of the application filed under Sec. 17-B of the Act independent of hearing the main writ petition.

(3.) The application filed seeks compliance of provisions of Sec. 17-B of the Act of 1947 on the ground that the provision is mandatory in nature and without compliance of the same, the writ petition itself is not maintainable. In that application it is stated that the respondent-workman is not gainfully employed and therefore, the petitioner-employer is required to make payment of wages last drawn by him.