All India Institute Of Med. Sc vs Rajesh Prakash & Anr.
2009 Latest Caselaw 4345 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                 Date of Decision: 27.10.2009


+             LPA 693/2003 & CM No. 1678/2003


       ALL INDIA INSTITUTE OF MED. SC            .... Appellant
                       Through: Ms. Anagha for Mr. Mukul
                                Gupta, Advocate.

                   versus


       RAJESH PRAKASH & ANR.                  ..... Respondents
                    Through:      Mr. Vikram Saini, Advocate.


       CORAM:
       HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
       HON'BLE MR. JUSTICE SURESH KAIT

1.     Whether the Reporters of local papers may be allowed to
       see the judgment?

2.     To be referred to the Reporter or not?

3.     Whether the judgment should be reported in the
       Digest?


PRADEEP NANDRAJOG, J. (ORAL)

1. The appellant is aggrieved by the order dated 25.08.2003

passed by the learned Single Judge directing that in compliance

with the mandate of Section 17 B of the Industrial Disputes Act,

1947, the workmen be paid last drawn wages or the minimum

wages, whichever is higher, from the date of the Award i.e.

11.02.2000 till the writ petition filed by the Management is

disposed.

2. The issue whether under Section 17 B of the Industrial

Disputes Act, 1947 power of the Court is limited to direct

payment of last drawn wages or it can also be directed that

current minimum wages be paid stands settled by a Full Bench

decision of this Court dated 24.05.2006 in LPA No. 84/2002 DDA

Vs. Smt. Omwati and Others.

3. In view of the Full Bench decision of this Court in Smt.

Omwati's case (supra), learned counsel for the parties pray that

the appeal may be disposed of with a slight modification of the

impugned order.

4. As per the impugned order, the wages have been directed

to be paid from the date of the Award. Law requires the same to

be paid from the date the Management filed the writ petition in

this Court challenging the Award.

5. We accordingly dispose of the appeal maintaining the

impugned order insofar it directs the last drawn or current

minimum wages, whichever is higher, to be paid till the writ

petition filed by the Management is decided, but modify the

date with effect from which payment has to be made. The

payment would be made with effect from the date when the writ

petition challenging the Award was filed by the Management.

6. The appeal stands disposed of accordingly.

7. No order as to costs.

CM No. 1678/2003 (for stay) in LPA No. 693/2003

1. Since the appeal itself has been disposed of, this

application has become infructuous.

2. Accordingly, the application is dismissed as having become

infructous.

PRADEEP NANDRAJOG, J.

SURESH KAIT, J.

OCTOBER 27, 2009 sb