WORKMAN REPRESENTED THESECRETARY BIHAR JASNTA KHAN MAZDOOR SANGH Vs. EMPLOYER IN RELATION TO THE MANAGEMENT OF SIJUA AREA OF BHARAT COKING COAL LTD

JUDGEMENT

(1.) Counsel for the appellant submitted that as per Section 17-B of the Industrial Disputes Act, 1947, the employees are entitled to the last drawn wages from the date of the award i.e. 16th July, 2012. It is the Management who has preferred a writ petition and, therefore, last wage drawn cannot be from the date of the writ petition, otherwise, lethargic employer will come to the High Court under Article 227 of the Constitution of India after one decade and the employee will get last wage drawn as per Section 17-B of the Industrial Disputes Act, 1947 after one decade. This is not the law at all. Counsel for the appellant has relied upon a decision rendered by Hon'ble Supreme Court in AIR 2001 S.C. 2270. It is further submitted by the counsel for the appellant that this employee is entitled to Rs.15,873=73 per month from 16th July, 2012. This aspect of the matter has not been properly appreciated by the learned Single Judge.

(2.) Counsel for the respondent submitted that no error has been committed by the learned Single Judge in awarding the last wage drawn as per Section 17-B of the Act from the date of filing of the writ petition within six weeks, in view of the fact that there was a dispute about the date of birth of the employee. The date of birth of the employee is 13th December, 1942, whereas, the employee is claiming the date of birth as 13th December, 1953 and, therefore, an industrial dispute was raised under the Industrial Disputes Act, 1947. Reference was made to the Industrial Tribunal No.1, Dhanbad on 14.02.2007 and the learned 2 Tribunal passed an award in favour of the employee dated 16th July, 2012. This award was published on 26th July, 2012 and was sent to the Labour Court and the Labour Court had sent the said award to the employer which was received by the employer on 28th September, 2012 and immediately thereafter on 04.03.2013 the writ petition being W.P. (L) No.1450 of 2013 was instituted by the Management and the same was admitted and, thereafter, under Section 17-B from the date of filing of the writ petition last wage drawn was directed to be paid by the Management to the employee and the award passed by the learned Tribunal, Dhanbd was stayed. In fact, even as per the date of birth of the employee, he has already retired in December, 2013 upon reaching the age of superannuation i.e. 60 years and, therefore, this L.P.A. may not be entertained by this Court.

(3.) Having heard both sides and looking to the facts and circumstances of the case, were hereby quash and set aside the order passed by the learned Single Judge in I.A. No.3678 of 2013 dated 26th June, 2013 passed in W.P. (L) No.1450 of 2013 mainly for the following reasons: -