Case Note & Summary
The case involves two Letters Patent Appeals filed by the Union of India and the Senior Superintendent of Post Offices against an interim order passed by a learned single Judge of the Bombay High Court. The single Judge had directed the appellants to pay last drawn wages to the respondents (workmen) under Section 17B of the Industrial Disputes Act, 1947 (ID Act) during the pendency of writ petitions challenging a Labour Court award. The Labour Court, Kolhapur, by its Award dated 6th March 2009, had directed reinstatement of the workmen with continuity of service and back wages. The workmen had raised an industrial dispute challenging their termination. The appellants challenged the award by filing writ petitions, which were admitted and an interim stay of the reinstatement order was granted. The workmen then filed civil applications under Section 17B of the ID Act seeking payment of last drawn wages. The learned single Judge allowed those applications, leading to the present appeals. The appellants argued that since they had a good case on merits and the petitions were admitted, the single Judge should not have passed the Section 17B order. They also contended that the workmen were appointed purely on a stop-gap basis in leave vacancies and there was no clear vacancy. The Division Bench, however, upheld the single Judge's order, noting that Section 17B is a beneficial provision intended to provide relief to workmen during the pendency of proceedings challenging an award of reinstatement. The court observed that once the workmen file an affidavit stating that they are not employed in any establishment, the court has no discretion to deny the relief. The appeals were dismissed, and the interim order was confirmed.
Headnote
A) Industrial Law - Section 17B of Industrial Disputes Act, 1947 - Payment of last drawn wages during pendency of proceedings - The workmen were appointed in leave vacancy and worked for more than 240 days; Labour Court ordered reinstatement with back wages. The employer challenged the award and obtained stay of reinstatement. The workmen applied under Section 17B for wages during pendency. The learned single Judge allowed the application. The Division Bench held that Section 17B is a beneficial provision and once the workman files an affidavit of not being employed, the court has no discretion to deny the relief. The appeal was dismissed. (Paras 2-5)
Issue of Consideration
Whether the learned single Judge was justified in passing an order under Section 17B of the Industrial Disputes Act, 1947 directing payment of last drawn wages to the workmen during the pendency of the writ petitions challenging the Labour Court's award of reinstatement
Final Decision
Both Letters Patent Appeals are dismissed. The interim order passed by the learned single Judge under Section 17B of the Industrial Disputes Act, 1947 is confirmed. No order as to costs.
Law Points
- Section 17B of Industrial Disputes Act
- 1947 is a beneficial provision
- workmen entitled to last drawn wages during pendency of proceedings challenging award of reinstatement
- irrespective of merits of the case
- no discretion to deny if workman files affidavit of not being employed
Case Details
Letters Patent Appeal No. 59 of 2011 in Civil Application No. 1966 of 2010 in Writ Petition No. 9601 of 2009 with Civil Application No. 76 of 2011; Letters Patent Appeal No. 60 of 2011 in Civil Application No. 1968 of 2010 in Writ Petition No. 9600 of 2009 with Civil Application No. 77 of 2011
P.B. Majmudar, A.A. Sayed
Mr. Nitin Jamdar with Mr. Ravindra A. Lokhande for the appellants; Mr. M.S. Topkar for the respondent
Union of India, through Department of Posts; Senior Superintendent of Post Offices, Department of Posts, Kolhapur Division
Hemant Shamrao Sankpal; Ravindra S. Talekar
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Nature of Litigation
Letters Patent Appeals against interim order under Section 17B of Industrial Disputes Act, 1947 directing payment of last drawn wages to workmen during pendency of writ petitions challenging Labour Court award of reinstatement
Remedy Sought
Appellants sought setting aside of the interim order passed by the learned single Judge under Section 17B of the ID Act
Filing Reason
Appellants challenged the order of the learned single Judge directing payment of last drawn wages to the workmen under Section 17B of the ID Act
Previous Decisions
Labour Court, Kolhapur passed Award dated 6th March 2009 directing reinstatement of workmen with continuity of service and back wages; writ petitions challenging the award were admitted and interim stay of reinstatement was granted; learned single Judge allowed civil applications under Section 17B directing payment of last drawn wages
Issues
Whether the learned single Judge was justified in passing an order under Section 17B of the Industrial Disputes Act, 1947 directing payment of last drawn wages to the workmen during the pendency of the writ petitions challenging the Labour Court's award of reinstatement
Submissions/Arguments
Appellants argued that since they have a good case on merits and the petitions are admitted, the learned single Judge should not have passed an order under Section 17B of the ID Act
Appellants further submitted that the workmen were appointed purely on a stop gap vacancy and there was no clear vacancy, so the Labour Court's award was erroneous
Ratio Decidendi
Section 17B of the Industrial Disputes Act, 1947 is a beneficial provision intended to provide relief to workmen during the pendency of proceedings challenging an award of reinstatement. Once the workmen file an affidavit stating that they are not employed in any establishment, the court has no discretion to deny the relief of payment of last drawn wages.
Judgment Excerpts
By the impugned orders, the learned single Judge passed an order under Section 17B of the Industrial Disputes Act, 1947 directing the appellants to pay to the respondents last drawn wages, in whose favour the Labour Court passed an order of reinstatement.
Mr. Jamdar, the learned counsel for the appellants, vehemently submitted that since on merits they have a good case and since the petitions are admitted, the learned single Judge should not have passed an order under Section 17B of the ID Act.
Procedural History
Labour Court, Kolhapur passed Award dated 6th March 2009 directing reinstatement of workmen with continuity of service and back wages. Appellants challenged the award by filing Writ Petition Nos. 9600 and 9601 of 2009, which were admitted and interim stay of reinstatement was granted. Workmen filed civil applications under Section 17B of the ID Act. Learned single Judge allowed the applications directing payment of last drawn wages. Appellants filed Letters Patent Appeals against the interim order. The Division Bench heard both appeals together and dismissed them.
Acts & Sections
- Industrial Disputes Act, 1947: Section 17B, Section 2(oo)(bb)
