A contractual workman was dismissed on 19.02.2009, on findings of departmental inquiry of his misconduct of indiscipline on the allegation that he abused his superior officers and misbehaved with them. He had filed an application before Labour Court praying for reinstatement and Interim Relief. On 05.07.2011, Labour Court passed an order of reinstatement with 50% back wages and stoppage of one increment.
Aggrieved by this order, the Contractor had filed an appeal before Industrial Court on 04.08.2011. Hon’ble Industrial Court has passed an order on 30.04.2013 vide which Order of Labour Court was set aside and appeal is allowed. Aggrieved by this order, the contract workman has filed the petition before High Court with prayer for setting aside this order of the Industrial Court.
In this, if at any stage of the case, the persona is entitled to 17B wages, if yes, for which period. Please suggest.
From India, Delhi
10Aggrieved by this order, the Contractor had filed an appeal before Industrial Court on 04.08.2011. Hon’ble Industrial Court has passed an order on 30.04.2013 vide which Order of Labour Court was set aside and appeal is allowed. Aggrieved by this order, the contract workman has filed the petition before High Court with prayer for setting aside this order of the Industrial Court.
In this, if at any stage of the case, the persona is entitled to 17B wages, if yes, for which period. Please suggest.
From India, Delhi
Dear Kamalesh,
Request you kindly go through the entire provision of section 17-B of the ID Act,1947 once again.
Payment of Wages for the period of litigation u/s 17-B arises only when an appeal is preferred by the employer against the award of any Labor Court or Tribunal to reinstate the dismissed employee before a High Court or the Supreme Court only.
In the instant case, the appeal is preferred by the employee against the order of the Tribunal setting aside the order of the trial Court.
Therefore, section 17-B cannot be applied to this appeal by the employee.
From India, Salem
Request you kindly go through the entire provision of section 17-B of the ID Act,1947 once again.
Payment of Wages for the period of litigation u/s 17-B arises only when an appeal is preferred by the employer against the award of any Labor Court or Tribunal to reinstate the dismissed employee before a High Court or the Supreme Court only.
In the instant case, the appeal is preferred by the employee against the order of the Tribunal setting aside the order of the trial Court.
Therefore, section 17-B cannot be applied to this appeal by the employee.
From India, Salem
Thanks for reply, the question is that 17B permits last drawn wages during proceedings before the High Court and Supereme Court. In this case, the Labour Court reinstated the workmen and in between matter went to Industrial Court. Can workman ask for 17B wages after getting reinstatement order from the Labour Court till disposal of the Case by Industrial Tribunal.
From India, Delhi
From India, Delhi
The facts are a bit confusing. Section 17B as is mentioned in the query is a part of ID Act 1947, here first of all there is no Industrial Court in the Act, it is Industrial Tribunal and it is not an appellate body over the Labour Court. Aggrieved with the Labour Court Order directing reinstatement, in appellate proceedings lie before the High Court, during this period Section 17 B is attracted and the employee is entitled to the continued payment of last wages during the pendency of appeal.
The Industrial Court as an appellate body is there in the Madhya Pradesh Industrial Relations (MPIR) Act 1960 & the BIR Act 1946 and parallel provision to Section 17 B exist in them. In MPIR Act it is Section 65(3) of the Act and it contemplates that during the pendency of appeal before the Industrial Court against a decision of the Labour Court ordering for reinstatement in service, if the workman is not reinstated, then during the appeal period last wages has to be paid to the workman subject to the workman swearing an affidavit of being non-employed.
Pl clarify on the exact legislation involved. In case the appeal was filed in the Industrial Court then for the entire appeal period the dismissed employee is entitled to last wages, as mentioned above.
From India, Mumbai
The Industrial Court as an appellate body is there in the Madhya Pradesh Industrial Relations (MPIR) Act 1960 & the BIR Act 1946 and parallel provision to Section 17 B exist in them. In MPIR Act it is Section 65(3) of the Act and it contemplates that during the pendency of appeal before the Industrial Court against a decision of the Labour Court ordering for reinstatement in service, if the workman is not reinstated, then during the appeal period last wages has to be paid to the workman subject to the workman swearing an affidavit of being non-employed.
Pl clarify on the exact legislation involved. In case the appeal was filed in the Industrial Court then for the entire appeal period the dismissed employee is entitled to last wages, as mentioned above.
From India, Mumbai
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PAYMENT OF WAGES ACT 2009.doc