Sureshwar Thakur, J. - (1.) Under Annexure R-1, which constitutes the award of the Labour Court-cum-Industrial Tribunal, Dharamshala, H.P., the respondent herein was ordered to be reinstated in service by the petitioners herein. The respondent therein impugned by filing a CWP on 16th August, 2012 before this Court the award of the Labour Court-cum-Industrial Tribunal, Dharamshala, H.P., comprised in Annexure R-1. The factum of the petitioners herein having not complied with the award of the Labour Courtcum-Industrial Tribunal, Dharamshala, H.P., comprised in Annexure R-1 till 29th July, 2015 remains uncontested. Hence, since the rendition of the award in favour of the respondent/workman, till 29th July, 2015 the petitioners herein had omitted to comply with the award of the Labour Court-cumIndustrial Tribunal, Dharamshala, H.P., inasmuch as they did not proceed in compliance thereto reinstate the workman in service. During the pendency of the writ petition before this Court the respondent/workman has filed an application under Section 17(B) of the Industrial Disputes Act, 1947. The counsel for the respondent canvasses before this Court that the petitioners herein since the inception/institution of the writ petition preferred before this Court uptill 29th July, 2015 omitted to carry out the mandate of the award of the Labour Court-cum-Industrial Tribunal, Dharamshala, H.P., inasmuch as they did not reinstate the respondent/workman in service besides when as imminent from the averments in the application supported by an affidavit furnished by the respondent/workman of his having remained unemployed in any other establishment, as such, not drawing wages equivalent to the one last drawn by him, the petitioners herein were liable to pay to him for the interregnum since the rendition of the impugned award till his coming to be reinstated on 29th July, 2015 wages equivalent to the one last drawn by him. In the face of the aforesaid evident fact of the respondent/workman having remained since the institution of the writ petition before this Court by the petitioners on 16th August, 2012 till 29th July, 2015 unemployed in any other establishment besides when the petitioners herein have concomitantly not lent any potent proof in displacement thereof portraying that since the institution of the writ petition before this Court till 29th July, 2015 when they proceeded to reinstate him in service, he drew adequate remuneration equivalent to the one as were defrayable to him by the petitioners herein in case he had come to be reinstated in service. In sequel, the petitioners herein are liable to pay to the respondent/workman full back wages since the institution of the writ petition before this Court inasmuch as from 16th August, 2012 till 29th July, 2015 on which latter date he came to be reinstated in service by them.
(2.) The learned Deputy Advocate General contends that since the respondent/workman has belatedly instituted the application before this Court hence the relief as claimed by him in the instant application cannot be purveyed to him. However, the said submission is feeble besides staggers in the face of a peremptory mandate existing in Section 17(B) of the Industrial Disputes Act and its obliging the petitioners to, in the face of the ingredients enshrined therein for reasons aforesaid standing substantiation at the instance of the respondent/workman, purvey to the respondent full back wages last drawn by him computable from the date of institution of the writ petition till the respondent/workman having come to be reinstated in service. The peremptory mandate existing in Section 17(B) of the Industrial Disputes Act entailing upon the employer/petitioners herein to during the pendency of the writ petition preferred by them before this Court impugning the award of the Labour Court-cum-Industrial Tribunal, Dharamshala, comprised in Annexure R-1, render to the workman full back wages last drawn by him from 16th August, 2012 till 29th July, 2015 on which latter date the workman in compliance of the award of the Labour Court-cum-Industrial Tribunal, Dharamshala, stood re-instated in service besides does not either empower or facilitate the learned Deputy Advocate General to make a frivolous submission as he has proceeded to make that the belated institution of the application at the instance of the respondent workman under Section 17(B) of the Industrial Disputes Act estops him to claim the relief as agitated therein. Even though, this Hon'ble Court vide its order rendered on 30th August, 2012 had stayed the operation of the impugned award yet the said factum to the considered mind of this Court would not forestall nor pre-empt either the applicability or invocation at the instance of the respondentworkman of the provisions of Section 17(B) of the Industrial Disputes Act, especially when for the reasons afore-stated the mandate of the above referred provisions of the Industrial Disputes Act cast a preemptory obligation besides make it mandatory upon the petitioners to, during the pendency of the proceedings before this Court when evidence comprised in the averments enunciated in the apposite application of the respondent/workman supported by an affidavit portray the factum of his having remained unemployed in any other establishment during the pendency of the proceedings before this Court, which fact when remaining un-rebutted for want of cogent material in displacement thereof having been adduced by the non applicants/petitioners, defray to the respondent/workman full wages last drawn by him. More so, when the diktat of the apposite provisions of the Industrial Disputes Act have a salutary and holistic object to secure by providing the relief envisaged therein means of livelihood to a workman. For reiteration, the mandate of Section 17(B) when stands established has to be carried forward.
(3.) Accordingly, petitioners are directed to pay full back wages last drawn by him to the employee/respondent from 16th August, 2012 till he stood reinstated in service i.e. on 29th July, 2015 within three weeks from today. The application stands disposed of accordingly.;