Dear Seniors,
As per ID Act Section 17B employer need to pay full wages but if Labour Court / Industrial Tribunal Passed an award of Reinstatement with 50 % back wages in that case can the employee will ask full wages or as awarded ( 50 % )in Labour Court / Industrial Tribunal’s Award and if the Case is escalated to High Court or Supreme Court. Thanks.
Best Regards,
Prashant
From India, Pune
467As per ID Act Section 17B employer need to pay full wages but if Labour Court / Industrial Tribunal Passed an award of Reinstatement with 50 % back wages in that case can the employee will ask full wages or as awarded ( 50 % )in Labour Court / Industrial Tribunal’s Award and if the Case is escalated to High Court or Supreme Court. Thanks.
Best Regards,
Prashant
From India, Pune
Hi Prashant,
Sec 17 B of ID act reads as follows:Payment of full wages to workman pending proceedings in higher courts.- Where in any case, a Labour Court, Tribunal or National Tribunal by its award directs reinstatement of any workman and the employer prefers any proceedings against such award in a High Court or the Supreme Court, the employer shall be liable to pay such workman, during the period of pendency of such proceedings in the High Court or the Supreme Court, full wages last drawn by him, inclusive of any maintenance allowance admissible to him under any rule if the workman had not been employed in any establishment during such period and an affidavit by such workman had been filed to that effect in such Court.
The key words are pending disputes and full wages during pendency of appeal by employer.As I o through the plain words,Labour court has given an award of 50% back wages.
Whether higher courts will award any other relief depends on merifs of case.
From India, Pune
Sec 17 B of ID act reads as follows:Payment of full wages to workman pending proceedings in higher courts.- Where in any case, a Labour Court, Tribunal or National Tribunal by its award directs reinstatement of any workman and the employer prefers any proceedings against such award in a High Court or the Supreme Court, the employer shall be liable to pay such workman, during the period of pendency of such proceedings in the High Court or the Supreme Court, full wages last drawn by him, inclusive of any maintenance allowance admissible to him under any rule if the workman had not been employed in any establishment during such period and an affidavit by such workman had been filed to that effect in such Court.
The key words are pending disputes and full wages during pendency of appeal by employer.As I o through the plain words,Labour court has given an award of 50% back wages.
Whether higher courts will award any other relief depends on merifs of case.
From India, Pune
Dear Prashant ji,
It seems to me that you have misinterpreted the section 17B of ID Act.
Tittle of the section is - Payment of full wages to workman pending proceedings in higher courts. According to this section, when the case is escalated by the employer to higher court i.e. High Court or Supreme Court against the award of reinstatement of a workmen by Labour Court, Tribunal or National Tribunal, then the employer is liable to pay full wages to such workmen during the pendency of case with the higher court.
Hope you are now clear on this section.
From India, Mumbai
It seems to me that you have misinterpreted the section 17B of ID Act.
Tittle of the section is - Payment of full wages to workman pending proceedings in higher courts. According to this section, when the case is escalated by the employer to higher court i.e. High Court or Supreme Court against the award of reinstatement of a workmen by Labour Court, Tribunal or National Tribunal, then the employer is liable to pay full wages to such workmen during the pendency of case with the higher court.
Hope you are now clear on this section.
From India, Mumbai
Dear Nathrao,
You are right in answer. Normally I do not write on the right answer given by some one and only appreciate the right answer. I prefer to write only in case there is some addition to it. But in this thread, answers by you and me were simultaneous but answer by you registered before my answer. My answer is under ignorant of your answer. This is only to clear the doubt as to why I answered when you are right.
Thanks for your contribution.
From India, Mumbai
You are right in answer. Normally I do not write on the right answer given by some one and only appreciate the right answer. I prefer to write only in case there is some addition to it. But in this thread, answers by you and me were simultaneous but answer by you registered before my answer. My answer is under ignorant of your answer. This is only to clear the doubt as to why I answered when you are right.
Thanks for your contribution.
From India, Mumbai
Dear Prashanth,
It would have been a bit more comfortable had the extract of the operative portion of the particular award been furnished with the query. Anyway, once the dismissal of an employee is held to be unsustainable by the adjudicator, then the normal relief could be reinstatement with all attendant benefits from the date of dismissal. However, departure from this normal relief is also possible on two ocassions - (1) when the dismissed employee attaining the age of superannuation before the passing of the award or dieing during the pendency of the proceedings, the relief of reinstatement would become infructuous because of the impossibility of implementation and as such award of monetary compensation from the date of cause of action till the date of normal superannuation or death of the employee as the case may be would be the suitable relief or (2) If there are reasons to be recorded like gainful employment of the employee during the period of non-employment or unexplained delay in instituting the proceedings, then the adjudicator can restrict the retrospective operation of the award as appears reasonable to him like reinstatement sans back wages or with 50% of back wages. Only in the case of an award directing reinstatement with full back-wages, the employee is in an advantageous position of seeking relief u/s 17B of the Industrial Disputes Act,1947 when the employer prefers any proceedings against such award in a High Court or the Supreme Court. In such a situation, again what is more important is the subject-matter of the appeal i.e whether the appeal is against the award in its entirety or only against the part of back wages. Here, we have to carefully analyze the provisions of Sec.17B. Once the employer prefers an appeal against the award as a whole, the question of non-implementation of the award is relegated to the back-ground because the very admissibility of the appeal is subject to payment of wages as stipulated under section 17B. Sec17B enjoins upon the employer/appellent the responsibility of payment of full wages last-drawn by the employee/respondent during the entire period of the appeal proceedings whether in a High Court or the Supreme Court. If the appeal is only against the back-wages aspect of the impugned award, it implies that the employee is reinstated and as such the question of payment during the pendency of the appeal proceedings does not arise.
From India, Salem
It would have been a bit more comfortable had the extract of the operative portion of the particular award been furnished with the query. Anyway, once the dismissal of an employee is held to be unsustainable by the adjudicator, then the normal relief could be reinstatement with all attendant benefits from the date of dismissal. However, departure from this normal relief is also possible on two ocassions - (1) when the dismissed employee attaining the age of superannuation before the passing of the award or dieing during the pendency of the proceedings, the relief of reinstatement would become infructuous because of the impossibility of implementation and as such award of monetary compensation from the date of cause of action till the date of normal superannuation or death of the employee as the case may be would be the suitable relief or (2) If there are reasons to be recorded like gainful employment of the employee during the period of non-employment or unexplained delay in instituting the proceedings, then the adjudicator can restrict the retrospective operation of the award as appears reasonable to him like reinstatement sans back wages or with 50% of back wages. Only in the case of an award directing reinstatement with full back-wages, the employee is in an advantageous position of seeking relief u/s 17B of the Industrial Disputes Act,1947 when the employer prefers any proceedings against such award in a High Court or the Supreme Court. In such a situation, again what is more important is the subject-matter of the appeal i.e whether the appeal is against the award in its entirety or only against the part of back wages. Here, we have to carefully analyze the provisions of Sec.17B. Once the employer prefers an appeal against the award as a whole, the question of non-implementation of the award is relegated to the back-ground because the very admissibility of the appeal is subject to payment of wages as stipulated under section 17B. Sec17B enjoins upon the employer/appellent the responsibility of payment of full wages last-drawn by the employee/respondent during the entire period of the appeal proceedings whether in a High Court or the Supreme Court. If the appeal is only against the back-wages aspect of the impugned award, it implies that the employee is reinstated and as such the question of payment during the pendency of the appeal proceedings does not arise.
From India, Salem
Sir,
I have faced the domestic enquiry about 1month back and report is yet awaited. Before domestic enquiry show cause notice, charge sheet has been replied as per the best of my knowledge but company is not paying me any wages for the last 6 months and on my request to send salary and other expenses pending as my daily reports and expense statements which I am already submitting month after month to which they have replied that no salary, expenses are payble to me after my transfer which is already disputed on the plea of Absence of any certified standing order and already 4 cases were pending in the labour courts prior to my transfer. How to overcome this issue and get my salary expenses reimbursed through management? Every thing is legal and management is not replying although they have appeared in the Labour Tribunal. Please help.
From India, Kanpur
I have faced the domestic enquiry about 1month back and report is yet awaited. Before domestic enquiry show cause notice, charge sheet has been replied as per the best of my knowledge but company is not paying me any wages for the last 6 months and on my request to send salary and other expenses pending as my daily reports and expense statements which I am already submitting month after month to which they have replied that no salary, expenses are payble to me after my transfer which is already disputed on the plea of Absence of any certified standing order and already 4 cases were pending in the labour courts prior to my transfer. How to overcome this issue and get my salary expenses reimbursed through management? Every thing is legal and management is not replying although they have appeared in the Labour Tribunal. Please help.
From India, Kanpur
Dear Anonymous,
I think that your query is not related to this thread. Moreover, the particulars furnished are also insufficient. Better raise a separate thread giving the full details of your employment, your transfer and the pending dispute relating to this etc., so as to enable the members to understand the issues in dispute and to offer their views.
From India, Salem
I think that your query is not related to this thread. Moreover, the particulars furnished are also insufficient. Better raise a separate thread giving the full details of your employment, your transfer and the pending dispute relating to this etc., so as to enable the members to understand the issues in dispute and to offer their views.
From India, Salem
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