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CWP No.2242 of 2020

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05.08.2021 Present: Mr. Rahul Mahajan, Advocate, for the petitioner.

Mr. V.D. Khidtta, Advocate, for the respondent.

(Through Video Conferencing)

CMP No.10661 of 2020 By way of instant application filed under Section 17-

B of the Industrial Disputes Act, 1947, prayer has been made on

behalf of the applicant/respondent, i.e. Gabriel Employees Union,

to pay full wages last drawn by applicant Kulwant Kumar,

Prakash Singh and Nirmal Singh, inclusive of any maintenance

allowance admissible to them, from 20.03.2020, on which date,

writ petition was filed by the management laying therein

challenge to award dated 30.11.2019, passed by learned Labour

Court, Shimla.

Reply to the application stands filed on behalf of the

non-applicant/petitioner, wherein, aforesaid prayer made on

behalf of the applicant/respondent, has been opposed on the

ground that since persons named hereinabove, were employed

gainfully during the pendency of the writ petition having been

filed by the non-applicant/petitioner, they are not entitled to any

benefit of Section 17-B of the Industrial Disputes Act.

Having heard learned counsel representing the

parties and perused the material available on record, this Court

finds that vide award dated 30.11.2019, in Reference No. 45 of

2008, titled as Gabriel Employees Union vs. Federal Mogul

Bearing India Limited, learned Labour Court below, has ordered

to reinstate all persons named hereinabove and they have also

been held entitled to 50% of back wages from the date of their

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termination. Though, aforesaid award has been laid challenge in

this Court by way of present writ petition, but since considerable

time may be consumed in final disposal of the same, prayer has

been made on behalf of the applicant/respondent for release of

last drawn pay to the employees as named hereinabove, so that

they are able to sustain themselves during the pendency of the

writ petition. Contention with regard to the being gainful

employment, if any, of the persons named hereinabove, as raised

by the non-applicant/petitioner stands duly controverted by the

applicant/respondent by way of filing rejoinder, wherein, they

have categorically denied the factum with regard to there being

gainfully employed during the pendency of the petition.

The proposition whether the workman would be

entitled to the provision of Section 17-B of the Act, from the date

of filing of the writ petition or any other date, stands duly settled

in the judgment dated 2.12.2016,passed by Coordinate Bench of

this Court in Federal Mogul Bearing India Ltd. Vs. Brij Lal in CMP

No. 9696 of 2016 in CWP No. 2696 of 2016, decided on

2.12.2016, wherein, it has been categorically held that benefit

under Section 17-B would be given from the date of filing of the

writ petition and as such, this Court deems it fit to dispose of

present application with a direction to non-applicant/petitioner to

pay full wages last drawn by the persons named hereinabove

inclusive of any maintenance allowance admissible to them from

the date of filing of writ petition, i.e. 20 th March, 2020. Since, the

workman namely Prakash Singh, has already retired on 5 th June,

2021, he shall be only entitled to benefit under Section 17-B, as

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has been directed hereinabove from the date of filing of the writ

petition till the date of his retirement. Ordered accordingly.

Application stands disposed of.

CWP No. 2242 of 2020

Since pleadings are complete, list this petition for

hearing in the month of October, 2021.

Record, if not already received, be called for.

(Sandeep Sharma) Judge

5th August, 2021 (reena)