Delhi High Court
Defence Services Officers ... vs Ajit Singh on 17 January, 2019
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 17th January, 2018
+ W.P.(C) 820/2013
DEFENCE SERVICES OFFICERS INSTITUTE ..... Petitioner
Through: Mr.Santosh Kumar Pandey, Adv.
versus
AJIT SINGH ..... Respondent
Through: Mr.Deepak Kumar & Mr.Sangam
Singh Kochar, Advs.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
REKHA PALLI, J (ORAL)
C.M. No.17095/2017 (u/S 17B of the ID Act)
1. This is an application filed by the respondent/workman seeking
payment of the last drawn wages/minimum wages in accordance with
Section 17B of the Industrial Disputes Act (hereinafter referred to as
'Act').
2. Learned counsel for the respondent/applicant states that the
respondent who had joined the services of the petitioner on
08.08.1985, was terminated vide order dated 23.07.2004 passed by
the petitioner. The aforesaid order of termination was found to be
arbitrary and was, accordingly, set aside by the learned Labour Court
under the Award dated 05.10.2012, by holding that the respondents'
termination was illegal and by directing the petitioner to reinstate the
respondent with full backwages.
3. Aggrieved by the Award dated 05.10.2012, the petitioner filed
the present petition wherein the present application came to be filed
on 02.05.2017.
4. Learned counsel for the respondent submits that the respondent
has been unemployed since his termination and is facing grave
financial difficulties. He also states, on instructions, that the
respondent is willing to rejoin his duties, but the petitioner is
repeatedly rejecting the respondent's aforesaid offer, which position
is also not denied by the learned counsel for the petitioner. He,
therefore, submits that the respondent is entitled to the benefits of
Section 17B of the Act.
5. Upon notice being issued in the application, the petitioner/non-
applicant has filed a reply which contains no material averments,
except a statement that the respondent had moved the present
application only in 2017 whereas the impugned Award was passed as
far back as in 2012. It is contended that the respondent's delay in
preferring the present application shows that he was perhaps gainfully
employed.
6. I have considered the submissions of learned counsel for the
parties and in my view, once the respondent has categorically stated
that he is not gainfully employed and has no other source of
livelihood, there is no reason for this Court to disbelieve the stand of
the respondent when the petitioner has merely denied the averments
made by him without bringing on record any material to rebut his
pleas. However, the fact that the respondent has moved this
application after five years from the date on which the impugned
Award was passed, creates some doubt that he may have been
gainfully employed during that period. Faced with this objection,
learned counsel for the respondent, on instructions, states that he
presses for relief under Section 17B of the Act only w.e.f. the date on
which the present application was filed . Therefore, while allowing
the application, it is directed that the respondent would be entitled to
receive the benefits of the last drawn wages/minimum wages,
whichever may be higher, only with effect from the date of filing of
the present application, i.e., 02.05.2017. The arrears w.e.f.
02.05.2017 will be paid by the petitioner to the respondent within
eight weeks. The petitioner will continue to pay the last drawn
wages/minimum wages to the respondent on or before the 7 th day of
each month. The petitioner will also file an undertaking within a
period of two weeks stating that it will refund the differential amount
between the last drawn wages and the minimum wages within the
time as may be granted by this Court.
7. The application is disposed of in the aforesaid terms.
W.P.(C) 820/2013
1. The written submissions of the petitioner are on record.
2. Learned counsel for the respondent states that he had filed the
written submissions in May, 2017 itself. The same are, however, not
on record. Learned counsel prays for and is granted four weeks' time
to check up with the Registry and have the same placed on record
after removing objections, if any.
3. List on 11.07.2019.
REKHA PALLI, J
JANUARY 17, 2019
gm
