D.P.KUNDU, J. - (1.) This is an application under Section 17-B of the Industrial Disputes Act, 1947 which reads as follows: "Section 17-B. 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".
(2.) There is no dispute that this application under Section 17-B of the Industrial Disputes Act, 1947 is maintainable and the workman is entitled to payment in accordance with the provisions contained in said Section 17-B. The only question for consideration is whether the workman is entitled to get the benefit under Section 17-B from the date of the award or from the date of initiation of the proceedings before the High Court.
(3.) The learned advocate for the workman, argued that under said Section 17-B the workman is entitled to get payment from the date of the award whereas the learned advocate for the Company argued that the workman is entitled to get the payment in terms of said Section 17-B from the date of initiation of the proceedings before the High Court.;