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
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18Aggrieved 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
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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 under Section 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
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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 under Section 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
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Thank you for your response. The question pertains to whether Section 17B allows for the payment of the last drawn wages during legal proceedings before the High Court and the Supreme Court. In this scenario, the Labour Court had reinstated the workers, and the case subsequently proceeded to the Industrial Court. Is the worker entitled to request the payment of 17B wages from the time of reinstatement by the Labour Court until the resolution of the case by the Industrial Tribunal?
From India, Delhi
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From India, Delhi
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The facts are a bit confusing. Section 17B, as mentioned in the query, is a part of the ID Act 1947. First of all, there is no Industrial Court in the Act; it is the Industrial Tribunal, and it is not an appellate body over the Labour Court. When aggrieved with the Labour Court Order directing reinstatement, the appellate proceedings lie before the High Court. During this period, Section 17B is attracted, and the employee is entitled to the continued payment of last wages during the pendency of the appeal.
The Industrial Court, as an appellate body, is present in the Madhya Pradesh Industrial Relations (MPIR) Act 1960 & the BIR Act 1946, and parallel provisions to Section 17B exist in them. In the MPIR Act, it is Section 65(3) of the Act and contemplates that during the pendency of the appeal before the Industrial Court against a decision of the Labour Court ordering reinstatement in service, if the workman is not reinstated, then during the appeal period, last wages have to be paid to the workman subject to the workman swearing an affidavit of being non-employed.
Please clarify the exact legislation involved. If 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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The Industrial Court, as an appellate body, is present in the Madhya Pradesh Industrial Relations (MPIR) Act 1960 & the BIR Act 1946, and parallel provisions to Section 17B exist in them. In the MPIR Act, it is Section 65(3) of the Act and contemplates that during the pendency of the appeal before the Industrial Court against a decision of the Labour Court ordering reinstatement in service, if the workman is not reinstated, then during the appeal period, last wages have to be paid to the workman subject to the workman swearing an affidavit of being non-employed.
Please clarify the exact legislation involved. If 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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