EMPLOYERS IN RELATION TO THE MANAGEMENT OF MC. NALLY SAYAJI ENGINEERING CO. LTD. Vs. THEIR WORKMAN TARUN KUMAR

JUDGEMENT

(1.) I.A. Nos. 5532/2017 & 6454/2017:

(2.) In I.A. No.6454 of 2017, the respondent-workman has prayed for providing benefit under Sec. 17B of the Industrial Disputes Act.

(3.) Mr. Rajendra Krishna, learned counsel, appearing on behalf of the Respondent-workman, submits that the service of the respondent-workman was retrenched by the petitioner-Management and against the said order of retrenchment a reference was made to the Presiding Officer, Labour Court, Dhanbad. After industrial adjudication, the award was delivered on 23rd March, 2016, holding, inter alia, that the retrenchment of the respondent-workman is unjustified and, as such he has been directed to be reinstated on the post of Security Supervisor as permanent employee with continuity of service as well as 50% back wages from the date of his retrenchment till the date of reinstatement. It is further submitted that since the petitioner-Management has challenged the said award before this Court by way of present writ petition, which is pending adjudication, the respondent-workman is entitled to receive the benefit in terms with Sec. 17B of the Industrial Disputes Act. It is further submitted that the Respondent-workman has not been gainfully employed since the date he was retrenched by the petitioner-Management and, therefore, he is entitled to get the benefit under Sec. 17B of the Industrial Dispute Act.