FDC LIMITED Vs. G NAGARAJAN

JUDGEMENT

(1.) THE attempt on the part of a private management to defeat the order passed by the writ Court to pay 17 -B wages to the workman, as a condition precedent for granting stay of operation of the award of re -instatement, is the sum and substance of the issue involved in this writ appeal. Background facts:

(2.) THE appellant is a Company engaged in the manufacture and distribution of pharmaceutical products. The first respondent was employed in the said Company as Medical Representative with effect from 1 March, 1983. While he was functioning as such at Tirunelveli, he was transferred to Mumbai as per proceedings dated 5 August, 1998. Since the first respondent failed to honour the order of transfer, disciplinary proceedings were initiated against him, which resulted in his termination.

(3.) THE award of the Labour Court was challenged before the writ Court in W.P.No.11286 of 2004. The appellant also filed an interlocutory application to stay the direction with regard to re -instatement and the further direction to pay backwages. The learned Single Judge as per order dated 26 April, 2004 stayed the operation of the award subject to the condition regarding deposit of back wages besides payment of wages under Section 17 -B of the Industrial Disputes Act.