- (1.) THIS appeal has been preferred from the judgment and order dated May 20, 2004 passed by the learned single Judge in G. A. No. 1997/2004 in connection with W. P. No. 771/2004 whereby and whereunder the learned single Judge disposed of the application for interim payment under Section 17-B of the industrial Disputes Act, 1947 (hereinafter referred to as "the said Act") without issuing any direction upon the employer to make payment of any amount to the concerned employee pending the proceeding.
(2.) THE provision regarding payment of full wages to the workman during pendency of the proceeding in higher Courts, had been specifically provided in Section 17-B of the said act which is quoted hereinbelow: "17-B. Payment of full wages to workman pending proceeding 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 has 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 maybe. "
(3.) THE learned counsel of the respondent-Company, however, submits that the petitioner was gainfully employed as a driver of Matador Van and Taxi and also sometimes as a personal driver of an individual person, although the owners of the said vehicles did not grant any certificate.;