ABHIJIT GANGOPADHYAY J. - (1.) In connection with the writ application, the dismissed workman, in whose favour an award has been passed for reinstatement and full back-wages, has filed one application being CAN 1 of 2015 (Old CAN 11747 of 2015) the application, in short, for paying relief in terms of Section 17B of the Industrial Disputes Act, 1947, (said Act, hereafter).
(2.) The application is taken up first before taking up the writ application.
(3.) Section 17B of the said Act is as follows: 'Payment of full wages to workman pending proceedings in higher courts. - Where in any case, a Labour Court, Tribunal or National Tribunal by its award directs reinstatement of any workman and the employer prefers any proceedings against such award in a High Court or the Supreme Court, the employer shall be liable to pay such workman, during the period of pendency of such proceedings in the High Court or the Supreme Court, full wages last drawn by him, inclusive of any maintenance allowance admissible to him under any rule if the workman had not been employed in any establishment during such period and an affidavit by such workman had been filed to that effect in such Court: Provided that where it is proved to the satisfaction of the High Court or the Supreme Court that such workman had been employed and had been receiving adequate remuneration during any such period or part thereof, the Court shall order that no wages shall be payable under this section for such period or part, as the case may be'. From paragraph 9 of the award which has been annexed to the writ application it is found that the order of dismissal passed by the management was set aside and the management was directed to reinstate the workman Lachman Bhuiya from the date of dismissal dated 18/20.05.1999 with stoppage of two increments withholding 50 per cent. back-wages.;