P.Narayan & Associates vs Sri Ram Kishan
2009 Latest Caselaw 2115 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+      LPA 115/2009 & CM Nos. 3964/2009 and 3965/2009

       P.NARAYAN & ASSOCIATES                   ..... Appellant
                        Through Mr. S.D. Singh, Mr. Anurag Kishore, Mr. Rahul
                        Kr. Singh, Advocates.
                 versus

       SRI RAM KISHAN                                ..... Respondent
                              Through Mr. S.P. Singh Choudhary, Mr. Y.R. Sharma and
                              Mr. Navdeep Kumar, Advocates.

       CORAM:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE NEERAJ KISHAN KAUL

                 ORDER

% 18.05.2009

The present appeal is directed against the order of the learned single Judge dated

30.1.2009 passed in the application under Section 17B of the Industrial Disputes Act

moved by the respondent workman (original respondent in the writ petition). The

appellant (original petitioner in the writ petition) was directed to pay the last drawn

wages to the respondent workman or the minimum wages which ever were higher from

the date of the award till the disposal of the writ petition. The arrears of wages were

directed to be paid within a period of six weeks from the date of the order of the learned

single Judge. It has been submitted on behalf of the appellant that the respondent had

joined back the appellant firm on 27.2.2009. However, the respondent had refused to fill

up any joining form or sign any documents and had also misbehaved with the

management. It is also contended on behalf of the appellant that after joining work the

respondent had remained absent and was not reporting back for duty since 3.3.2009.

2. Today during the course of hearing the counsel for the respondent submitted that

though the workman reported for work he was not given any work. However, without

prejudice he made a statement that he is willing to resume duty with the appellant firm

immediately.

3. The appellant also expressed their willingness to permit the respondent to join

back.

4. In view of the same nothing further survives in the present appeal. The appellants

are directed to pay arrears 17B wages as directed by the learned single Judge from the

date of the award till 31st January, 2009 within a period of four weeks. The respondent is

directed to join back and resume his duties with the appellant firm within three days from

today. On the respondent joining his duty and resuming work as undertaken by his coun-

sel in court today the appellant would not be liable to make any further payment under

Section 17B of the Industrial Disputes Act. Further after the respondent workman re-

sumes work, he shall be paid his full wages as per his entitlement and in accordance with

law, till the disposal of W.P.(C) 2857/2007. The appeal is disposed of in the above men-

tioned terms. All pending applications also stand disposed of accordingly.

CHIEF JUSTICE

NEERAJ KISHAN KAUL, J MAY 18, 2009 dk