Dipankar Dutta, J. - (1.) THE workman (respondent No. 3) was terminated which resulted in an industrial dispute between him and the employer (petitioner). The Industrial Tribunal by its award set aside the termination and directed reinstatement of the workman in service with 50% back wages. The award of the Tribunal is the subject -matter of challenge in this writ petition, filed on 24th September, 2007.
(2.) THE workman has now prayed for relief under section 17 -B of the Industrial Disputes Act. When the prayer of the workman was initially taken up for consideration, a submission was made on behalf of the employer, that the workman may be directed to work for the employer to earn his wages at the game rate at which he was initially appointed. This Court had enquired from learned Counsel for the employer regarding the rate at which stenographers are being presently paid. An affidavit has since been filed where it has been stated that the employer has no other stenographer on its roll and that question of paying the workman at the present rate stenographers are drawing pay would not arise. This Court has considered the submission made on behalf of the employer. It is of the considered view that asking the workman to work now and to make payment to him at the rate he was initially appointed would amount to "forced labour". If the employer does not have the means to pay the workman at a reasonable rate, this Court while hearing a prayer under section 17 -B of the Act would not compel the workman to work for so less. The prayer of the employer thus stands rejected.
(3.) SINCE the workman has stated on affidavit that he is presently unemployed and the company has failed to rebut such assertion of the workman by producing reliable evidence, this Court is inclined to hold that the workman is entitled to relief under section 17 -B of the Act.;