Alakesh Baishya vs The Management Of Apollo Hospitals
2024 Latest Caselaw 37 Gua

Gauhati High Court

Alakesh Baishya vs The Management Of Apollo Hospitals on 4 January, 2024

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                    Page No.# 1/3

GAHC010270302023




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                  I.A.(Civil)/3508/2023 In
                                     WP(C)/6237/2023

             ALAKESH BAISHYA
             SON OF LATE M.R. BAISHYA , RESIDENT OF SYNERGY PARADISE, BLOCK
             1, C-2, 4TH FLOOR, VIDYA MANDIR PATH, BHETAPARA, GUWAHATI-
             781028



             VERSUS

             THE MANAGEMENT OF APOLLO HOSPITALS
             GUWAHATI, UNIT INTERNATIONAL HOSPITAL, HAVING ITS UNIT AT
             ASSAM HOSPITALS LIMITED, LOTUS TOWER, G.S. ROAD, CHRISTIAN
             BASTI, GUWAHATI- 781005 BEING REPRESENTED BY ITS CHIEF
             OPERATING OFFICER, SRI ABHIJIT SINGH.



Advocate for the Petitioner   : MR S CHAKRABORTY

Advocate for the Respondent : MR A DASGUPTA




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

04.01.2024 Heard Shri S Chakraborty, learned counsel for the applicant/respondent no.

1. Also heard Shri A Dasgupta, learned Senior Counsel assisted by Ms. B Das, Page No.# 2/3

learned counsel for the opposite party/writ petitioner.

By this interlocutory application, the applicant has prayed for appropriate orders to be passed under Section 17B of the Industrial Disputes Act, 1947.

The connected writ petition had been filed against a judgment and award dated 21.07.2023 passed by the learned Labour Court, Kamrup, Assam in Case No. 02/2022 which was adjudicated under Section 2A of the ID Act. This Court vide order dated 18.10.2023 had issued Rule and called for the LCR. This Court had also passed an interim order to the following effect:

"7. Having considered the submissions advanced on behalf of the

petitioner, it is observed that the operation of the impugned Judgment and Award dated 21.07.2023 passed in Case no. 02/2022 by the learned Labour Court, Assam, Kamrup [M] shall remain stayed until further orders."

Shri Chakraborty, learned counsel for the applicant/respondent no. 1 by referring to Section 17B of the Industrial Disputes Act, 1947 (hereinafter for short the Act) has submitted that in case, there is a stay of an order of reinstatement, there is a requirement for payment of full wages last drawn to the workman. He has also submitted that the prerequisites of Section 17B has been complied with by the applicant inasmuch as that he has filed an affidavit stating that he is not gainfully employed.

Shri Dasgupta, learned Senior Counsel fairly submitted that the provisions of Section 17B would be applied only if the workman fulfills the preconditions, namely, to submit proof that he is not gainfully employed by filing an affidavit.

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This Court has noticed that such statement has been made in paragraph 6 of this interlocutory application.

In view of the above facts and circumstances and taking into account the objective of inserting of Section 17B in the statute which was done by an amendment in the year 1982, it is directed that from the date of the award, the applicant-workman be paid the wages last drawn by the respondent- management.

The interlocutory application stands disposed of.

JUDGE

Comparing Assistant