- (1.) This is an application for stay of operation of the order dated 27th January, 1998 passed by the learned trial Judge in W.P. No. 10852(W)/97. The order that was passed by the learned trial Judge was on an application made under section 17B of the Industrial Disputes Act, 1947.
(2.) The question that has come up for consideration before this Court is whether the two of the workmen namely Sk. Ramjan and Sri Panch Kari Adak who have attained the age of superannuation from service on and from 31st December, 1985 and 31st December, 1992 respectively were entitled to get any relief under section 17B of the said Act even after their retirement and until the award had reached its finality in the writ proceeding. The learned Judge allowed the application under section 17B of the Industrial Disputes Act holding that in case the award is sustained the question of retirement benefit would only come into force and could be given effect to after the workmen concerned have been reinstated in service. The award that was passed by the Industrial Tribunal was on 6th March, 1997. Altogether there are number of cases, which have come for consideration in respect of which reference was made by the Government to the following effect: "Whether the action of the management of M/s. BPCL Budge Budge Installation in dismissing the following 8 workmen from services with effect from 24.1.85 is justified. If not what relief the concerned workmen are entitled to ?"
(3.) The only question in this appeal is whether the aforesaid two persons Sk. Ramjan and Sri Panch Kari Adak are entitled to full wages and salaries on the basis of last pay drawn even after they had admittedly attained the age of superannuation from service.;