CWP No.2242 of 2020 .
05.08.2021 Present: Mr. Rahul Mahajan, Advocate, for the petitioner.
Mr. V.D. Khidtta, Advocate, for the respondent.
(Through Video Conferencing) CMP No.10661 of 2020 By way of instant application filed under Section 17-
B of the Industrial Disputes Act, 1947, prayer has been made on behalf of the applicant/respondent, i.e. Gabriel Employees Union, to pay full wages last drawn by applicant Kulwant Kumar, Prakash Singh and Nirmal Singh, inclusive of any maintenance allowance admissible to them, from 20.03.2020, on which date, writ petition was filed by the management laying therein challenge to award dated 30.11.2019, passed by learned Labour Court, Shimla.
Reply to the application stands filed on behalf of the non-applicant/petitioner, wherein, aforesaid prayer made on behalf of the applicant/respondent, has been opposed on the ground that since persons named hereinabove, were employed gainfully during the pendency of the writ petition having been filed by the non-applicant/petitioner, they are not entitled to any benefit of Section 17-B of the Industrial Disputes Act.
Having heard learned counsel representing the parties and perused the material available on record, this Court finds that vide award dated 30.11.2019, in Reference No. 45 of 2008, titled as Gabriel Employees Union vs. Federal Mogul Bearing India Limited, learned Labour Court below, has ordered to reinstate all persons named hereinabove and they have also ::: Downloaded on - 06/08/2021 20:19:12 :::HCHP been held entitled to 50% of back wages from the date of their .
termination. Though, aforesaid award has been laid challenge in this Court by way of present writ petition, but since considerable time may be consumed in final disposal of the same, prayer has been made on behalf of the applicant/respondent for release of last drawn pay to the employees as named hereinabove, so that they are able to sustain themselves during the pendency of the writ petition. Contention with regard to the being gainful employment, if any, of the persons named hereinabove, as raised by the non-applicant/petitioner stands duly controverted by the applicant/respondent by way of filing rejoinder, wherein, they have categorically denied the factum with regard to there being gainfully employed during the pendency of the petition.
The proposition whether the workman would be entitled to the provision of Section 17-B of the Act, from the date of filing of the writ petition or any other date, stands duly settled in the judgment dated 2.12.2016,passed by Coordinate Bench of this Court in Federal Mogul Bearing India Ltd. Vs. Brij Lal in CMP No. 9696 of 2016 in CWP No. 2696 of 2016, decided on 2.12.2016, wherein, it has been categorically held that benefit under Section 17-B would be given from the date of filing of the writ petition and as such, this Court deems it fit to dispose of present application with a direction to non-applicant/petitioner to pay full wages last drawn by the persons named hereinabove inclusive of any maintenance allowance admissible to them from the date of filing of writ petition, i.e. 20 th March, 2020. Since, the workman namely Prakash Singh, has already retired on 5 th June, ::: Downloaded on - 06/08/2021 20:19:12 :::HCHP 2021, he shall be only entitled to benefit under Section 17-B, as .
has been directed hereinabove from the date of filing of the writ petition till the date of his retirement. Ordered accordingly.
Application stands disposed of.
CWP No. 2242 of 2020 Since pleadings are complete, list this petition for hearing in the month of October, 2021.
Record, if not already received, be called for.
(Sandeep Sharma) Judge 5th August, 2021 (reena) ::: Downloaded on - 06/08/2021 20:19:12 :::HCHP