Dear Sir
Is it section 17B of I D Act 1947 will be applicable when the judgement delivered by labour court in the form of monetary ( award in the form of a lump and sump amount approx 5 lac in place of reinstatement) which was challenged by employer in high court & which is still pending
Regard
Birendra
From India, Patna
Is it section 17B of I D Act 1947 will be applicable when the judgement delivered by labour court in the form of monetary ( award in the form of a lump and sump amount approx 5 lac in place of reinstatement) which was challenged by employer in high court & which is still pending
Regard
Birendra
From India, Patna
Section 17B applies only to such directions to the employer that makes the employer to reinstate the workman. At the same time, if the order is to pay a lumpsum, then appeal can be filed by depositing the required percentage of the amount. It may even be 75% of the amount ordered by the tribunal.
From India, Kannur
4279From India, Kannur
Dear Birendra,
The section 17 B of I D Act 1947 should be applicable even in the matter of lump sum payment in lieu of reinstatement too. The misery is that our people interpret only the word not the meaning. In present days court mostly grants lum sum amount instead of reinstatement. Ask your advocate to review the order of five lakh and ask for monetary sanction by calculating loss of pay till the date of retirement, if not reinstatement.
From India, Mumbai
The section 17 B of I D Act 1947 should be applicable even in the matter of lump sum payment in lieu of reinstatement too. The misery is that our people interpret only the word not the meaning. In present days court mostly grants lum sum amount instead of reinstatement. Ask your advocate to review the order of five lakh and ask for monetary sanction by calculating loss of pay till the date of retirement, if not reinstatement.
From India, Mumbai
Dear Madhu Sir
Please share the section of id act through which it is mandatory to deposit 75 percent of total monetary fund before going to challenge in high court against any labour court judgement if LC judgement delivered in monetary form in favour of workman in place of reinstatement
Regard
Birendra
From India, Patna
Please share the section of id act through which it is mandatory to deposit 75 percent of total monetary fund before going to challenge in high court against any labour court judgement if LC judgement delivered in monetary form in favour of workman in place of reinstatement
Regard
Birendra
From India, Patna
I didn't say that in the ID Act it is said that in order to appeal against the order of Labour Court 75% of the sum should be deposited. I only said that it shall be "required percentage" and "may even be 75% ". Normally for any appeal against the order of the lower court involving financial commitment, deposit of 75% of the amount is required.
From India, Kannur
From India, Kannur
Dear Mr Birendra,
The court fix the conditions prior to appeal for the order passed by the court.
No, there is no prior deposit required before filing an appeal against Section 17B of the Industrial Disputes Act (IDA) of 1947. However, the employer may be required to pay the employee full wages while the appeal is pending.
Explanation
Section 17B of the IDA requires employers to pay full wages to employees while an appeal is pending in the High Court or Supreme Court.
This is applicable when a Labour Court, Tribunal, or National Tribunal orders the reinstatement of an employee.
The employer must pay the employee's last drawn wages, including any maintenance allowance.
The employee must file an affidavit stating that they were not employed during the relevant period.
The court may order that no wages are payable if it is proven that the employee was employed and received adequate remuneration during the relevant period.
From India, Mumbai
The court fix the conditions prior to appeal for the order passed by the court.
No, there is no prior deposit required before filing an appeal against Section 17B of the Industrial Disputes Act (IDA) of 1947. However, the employer may be required to pay the employee full wages while the appeal is pending.
Explanation
Section 17B of the IDA requires employers to pay full wages to employees while an appeal is pending in the High Court or Supreme Court.
This is applicable when a Labour Court, Tribunal, or National Tribunal orders the reinstatement of an employee.
The employer must pay the employee's last drawn wages, including any maintenance allowance.
The employee must file an affidavit stating that they were not employed during the relevant period.
The court may order that no wages are payable if it is proven that the employee was employed and received adequate remuneration during the relevant period.
From India, Mumbai
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