- (1.) This appeal is against the judgment and order dated 17th May, 2016 passed by the learned Single Bench allowing the application of the respondent no.3 under Section 17B of the Industrial Disputes Act, 1947. Section 17B provides that in a case where 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.
(2.) The proviso to the said section provides 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.
(3.) The key words in the main part of Section 17B are 'workman' and 'employer' and the key phrase is 'wages last drawn by him'. Payment under Section 17B is to be made by the 'employer' to its workman and the amount which is to be paid is wages as last drawn by him inclusive of maintenance allowance admissible under any rule.;