Case Note & Summary
The case arose from a Letters Patent Appeal filed by Vishwas Shankarrao Joshi, General Secretary of Bank of Maharashtra Karmachari Sangh, a trade union, against the Bank of Maharashtra. The appellant challenged an order dated 22.11.2000 passed by a learned Single Judge of the Bombay High Court in Civil Application No.4142 of 2000 in Writ Petition No.1303 of 2000. The Single Judge had rejected the application filed by the workman seeking relief under Section 17-B of the Industrial Disputes Act, 1947, holding that no duty is cast upon the High Court to make an order for payment of full wages last drawn by the workman during the pendency of the employer's writ petition against an award of reinstatement. The core legal issue was whether the High Court is obliged to pass orders under Section 17-B of the I.D. Act when a workman files an application seeking such relief and is not employed in any establishment during the pendency of the proceedings. The appellant argued that Section 17-B imposes a mandatory duty on the court to order payment of wages, while the respondent employer contended that the court has discretion. The court analyzed the language of Section 17-B and held that it casts a duty on the court to pass an order for payment of full wages last drawn by the workman, provided the workman is not employed in any establishment during such period. The court observed that the section uses the word 'shall' and is intended to provide relief to the workman during the pendency of proceedings challenging an award of reinstatement. The court allowed the appeal, set aside the impugned order, and directed the Single Judge to pass appropriate orders under Section 17-B in accordance with law.
Headnote
A) Industrial Disputes Act, 1947 - Section 17-B - Payment of wages pending proceedings - Mandatory duty of High Court - Where an award of reinstatement is challenged by the employer in a writ petition, and the workman files an application under Section 17-B claiming that he is not employed in any establishment during such period, the High Court is obliged to pass an order directing the employer to pay full wages last drawn by the workman. The section casts a duty on the court to make such order, and the court cannot deny the relief on the ground that no duty is cast upon it. (Paras 1-2)
Issue of Consideration
Whether the High Court is obliged to pass orders under Section 17-B of the Industrial Disputes Act, 1947 directing the employer to make payment of full wages last drawn by the workman during the pendency of the employer's writ petition against an award of reinstatement, when the workman files an application seeking such relief and is not employed in any establishment during such period
Final Decision
Appeal allowed. Impugned order dated 22.11.2000 set aside. Single Judge directed to pass appropriate orders under Section 17-B of Industrial Disputes Act, 1947 in accordance with law.
Law Points
- Section 17-B of Industrial Disputes Act
- 1947 imposes a mandatory duty on the High Court to order payment of full wages last drawn by the workman during pendency of proceedings challenging an award of reinstatement
- provided the workman is not employed in any establishment during such period
