MUNICIPAL COUNCIL SIKAR Vs. RAWAT SINGH

JUDGEMENT

(1.) THIS writ petition is already admitted by the Court and the order of reinstatement passed by the labour Court has been stayed by this Court. The respondent No. 1 workman thereafter has filed this application under Section 17 (B) of the Industrial Dispute Act, 1947 on the ground that since he is not gainfully employed and since the reinstatement order is stayed by the Court, the petitioner-employer may be directed to comply with the provisions of Section 17 (B) of the I. D. Act and the petitioner may be directed to pay last drawn wages to the respondent during the pendency of this writ petition.

(2.) LEARNED counsel for the petitioner-employer has argued that no order under Section 17 (B) is required to be passed in view of the fact that the concerned workman is earning a fixed income in the nature of pensionary benefits every month from his earlier employer. It is pointed out that in cross-examination before the learned labour Court the respondent No. 1- workman has admitted that while he was in service prior to taking the present employment, his pension was fixed @ Rs. 1857/- per month. He has also admitted in his cross examination that he is having 13 Bighas of land. Relying upon the evidence, it is submitted by the learned counsel Mr. Gupta that since the workman is already getting income in the form of pension amount, which is more than his last drawn salary as last drawn salary was Rs. 1500/-, the respondent workman is not entitled to get benefit under Section 17 (B) of the Act.

(3.) LEARNED counsel for the respondent however relied upon the decision of Kerla High Court in the case of Commandant Defence Security Corps Centre Cannaore vs. Secretary N. C. C. Groups URC Employees wherein the Kerala High Court has held that such denial is possible only if proved that workman is gainfully employed in some establishment receiving adequate income. However, in my view, when it is proved that the respondent workman is getting adequate income in the form of pensionary benefits every month, which amount he is getting towards retiral benefits from his earlier employer, it cannot be said that unless a workman is in physical employment under an establishment, he is required to be paid last drawn salary irrespective of his monthly income, which he might be getting during the pendency of the proceedings before the court.