Calcutta High Court (Appellete Side)
Ludlow Jute Mill vs State Of West Bengal & Ors on 16 December, 2022
04.
16.12.2022
S.D.
W.P.A. 7655 of 2022
Ludlow Jute Mill
Vs.
State of West Bengal & Ors.
Mr. P.B. Chowdhury
Mr. S.K. Singh
Mr. R.K. Dubey
...For the petitioner
Mr. Masum Ali Sardar
Ms. Mobashshara Alam
...For the Respondent
Under challenge in this writ petition is an award dated
January 17, 2022 passed by the 3rd Industrial Tribunal, West
Bengal. By the said award, the respondent/worker directed
to be reinstated as "Special Badli" and was directed to be paid
25% of the back wages from October 8, 2022 till his
reinstatement within 60 days from publication of the award.
Mr. Chowdhury, learned counsel appearing on behalf
of the petitioner argues that the said award is under
challenge and under Section 17B of the Industrial Disputes
Act, 1947, the workman is only entitled to full wages last
drawn by him, inclusive of any maintenance allowance
admissible to him if the said workman is not employed in any
establishment during the period when proceedings are
pending before the High Court or the Supreme Court,
wherein the employer has challenged the award. Therefore,
the workman cannot pray for anything more than the last
drawn wages.
Mr. Sardar, learned counsel appearing on behalf of the
respondent no. 3/workman.
Having considered the rival submissions of the parties
and the materials placed on record, this Court is of the view
that the workman should be given a reasonable subsistence
allowance. The last drawn wages of the workman was
approximately Rs.190/- per day as submitted by the learned
counsel appearing on behalf of the petitioner. As on date, the
workmen are getting approximately Rs.350/- per day. This
Court finds that a sum of Rs.275/- per day is a reasonable
subsistence allowance that is required to be paid to the
workman. This Court also relies upon the judgment reported
in (1992) 2 SCC 106 (Dena Bank vs. Kiritikumar T. Patel) for
coming to such a finding. The said sum of Rs.275/- is to be
multiplied with the number of working days/functional days
of the said Ludlow Jute Mill. Such payment per day will not
be less than 26 days per month. Upon payment of the sum of
25% of the back wages from 2002 with the Registrar General,
Appellate Side of this Hon'ble Court, the award dated
January 17, 2022 will remain stay until further orders.
The workman is required to file an affidavit in terms of
Section 17B of the Industrial Disputes Act, 1947.
It is made clear that in the event, the employer succeeds
in the instant writ petition, the workman will be under an
obligation to refund the excess amount of the subsistence
allowance being paid to him after deducting the last drawn
wages that he was entitled to under Section 17B of the Act.
Affidavit-in-opposition is directed to be filed by
January 31, 2023. Reply thereto, if any, be filed by February
24, 2023.
Needless to mention that the parties are directed to
exchange advance copy of their affidavits.
The parties will be at liberty to mention the matter for
Hearing upon expiry of the period stipulated for exchange of
affidavits.
It is mentioned by the learned counsel appearing on
behalf of the petitioner that in the second line "October 2002"
has been wrongly stated as "October 2022" in the order dated
November 18, 2022. In the internal page 2 of the order before
2002 it should read as "in October 2002". Also in the first
paragraph of the order, the number "220 days" should read
as "240 days".
Let such corrections be incorporated in the order dated
November 18, 2022.
All parties shall act on the server copy of this order
duly downloaded from the website of this Court.
(Lapita Banerji, J.)
