GURU TEG BAHADUR HOSPITAL Vs. SUSHIL KUMAR
LAWS(DLH)-2007-7-356
HIGH COURT OF DELHI
Decided on July 03,2007

GURU TEG BAHADUR HOSPITAL Appellant
VERSUS
SUSHIL KUMAR Respondents

JUDGEMENT

- (1.) This appeal is directed against the order dated 27.4.2007 passed by the learned Single Judge allowing the application filed by the respondent-workmen under the provisions of Section 17-B of the Industrial Disputes Act.
(2.) Labour Tribunal has decided reference in favour of the respondent-workmen and against the appellant-Management with a direction that the respondent-workmen should be reinstated in service with full benefits.
(3.) Being aggrieved by the aforesaid decision passed by the Labour tribunal, the appellant-Management has filed writ petition bearing WP(C) No.8116/2004 In the aforesaid writ petition, notice was issued and on service being effected, the respondent entered appearance and filed an application under Section 17-B of the Industrial Disputes Act seeking grant of wages under the Minimum Wages Act from the date of termination of the service. The respondents have stated that they were illegally and contrary to law removed from service on 03.6.1996 and under the award dated 04.2.2004, the Tribunal had answered the reference with a direction to the appellant-Management to reinstate the respondents with full back wages and therefore, they are entitled to payment of "subsistence allowances" provided for under Section 17B of the Industrial Disputes Act. The aforesaid applications were considered by the learned Single Judge after hearing the parties and after looking into the matter, it was rightly held by learned Single Judge that the enquiry which is contemplated under Section 17B of the Industrial Disputes Act is restricted and limited. At this stage, the validity of the award and merits of the respective case of the parties cannot be examined. The learned Single Judge on appreciation of the records and documents filed and statement made by the respondents found that the respondents were/are not in gainful employment and, therefore, the provisions of Section 17B are attracted.;


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