Case Note & Summary
The appellant, Amit Kumar, was a senior office assistant employed by Indian Airlines Ltd. He was removed from service on 24th June 2002 after a departmental enquiry found him guilty of unauthorizedly opening the office for disposal of vehicles, theft, fraud, and dishonesty. During the pendency of a writ petition challenging his removal, the appellant filed a Notice of Motion under Section 17B of the Industrial Disputes Act, 1947 seeking wages. The learned Single Judge awarded only Rs.4880/- as basic wage. The appellant appealed, contending that the amount was much less than what he ought to have received. The respondent agreed to the appeal being heard finally at the admission stage. The Division Bench held that Section 17B requires payment of full wages last drawn, which includes all allowances, not just basic wage. The court set aside the impugned order and directed the respondent to pay the appellant the full wages last drawn, including allowances, from the date of the petition till disposal of the writ petition. The appeal was allowed with no order as to costs.
Headnote
A) Industrial Law - Section 17B Wages - Full Wages Last Drawn - Section 17B of the Industrial Disputes Act, 1947 - The court held that wages under Section 17B must be the full wages last drawn by the workman, including all allowances, and not merely the basic wage. The learned Single Judge erred in awarding only basic wage of Rs.4880/-. The appeal was allowed and the respondent was directed to pay the appellant the full wages last drawn, including allowances, from the date of the petition till disposal of the writ petition. (Paras 2-6)
Issue of Consideration
Whether wages under Section 17B of the Industrial Disputes Act, 1947 should be restricted to basic wage or include all allowances drawn by the workman at the time of removal.
Final Decision
Appeal allowed. Impugned order dated 20th July 2005 set aside. Respondent directed to pay appellant full wages last drawn, including allowances, from date of petition till disposal of writ petition. No order as to costs.
Law Points
- Section 17B of Industrial Disputes Act
- 1947
- wages during pendency of proceedings
- full wages last drawn
- allowances included in wages
