- (1.) This intra-court appeal has been preferred questioning the sustainability of the order dated 26.05.2009 passed by the Single Bench in SBCWP No. 1861/2006 directing the Appellant-employer to comply with the provisions of Section 17B of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the ID Act') and to make the payment of full wages last drawn by workman at the time of his retrenchment during pendency of the petition with effect from the date of application i.e.27.03.2009.
(2.) The facts in short are that Respondent No. 2 Jagdish Prasad Saini raised industrial dispute and the award was passed directing his reinstatement alongwith back-wages. The award was published in January 2006. The employer has assailed the aforesaid award in the SBCWP No. 1861/2006 pending before the Single Bench.
(3.) Before the award was passed published directing the reinstatement, Respondent No. 2 was taken in contractual employment for a fixed term of three months by the employer, which was extended for further period of three years. He was appointed on 21.12.2005 and consequently, the contractual appointment came to an end on 15.12.2008. It has also been submitted by the Appellant-employer that after three years, offer was given to Respondent No. 2 for contractual appointment of three months which was not accepted by him. He was also medically examined but he did not join the contractual service.;