- (1.) Heard learned Counsel for the petitioner on application under Section 17B of the Industrial Disputes Act, 1947. This Section provides for payment of full wages to workman, pending proceedings in higher courts. It reads thus : "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."
(2.) By means of affidavit along with CAN application No. 7335 of 2016 respondent no. 3 in paragraphs 6 and 7 has averred that he has remained unemployed since the date of his illegal termination by the opposite party/appellant and is, therefore, entitled to get benefit of Section 17B of the Industrial Disputes Act, 1947 on his last drawn wages Rs. 1250/- in January 1992.
(3.) Learned Counsel for the appellant would argue that the respondent No.3 was not a workman as defined in Section 2(s) of the Industrial Disputes Act, 1947, as he was an apprentice engaged under the Apprenticeship Act, 1961. He further submits that since the respondent no.3 was not an apprentice under the definition of workman as defined under Section 2 (s) of the Industrial Disputes Act, 1947, he is not entitled to full wages last drawn by him under Section 17B of the Industrial Disputes Act, 1947 which in the instant case would not be applicable.;