- (1.) THIS appeal is directed against the Order dated February 28, 1996 passed by the learned Single Judge, by which the learned Single Judge allowed the application under Section 17-B of the Industrial Disputes Act, 1947 filed by the workmen and held that the workman Bhero Singh (respondent No. 2 in the writ petition) is entitled to be paid the full wages last drawn by him inclusive of any maintenance allowance admissible to him under the Rules and directed the writ petitioner (appellant) to pay the same within a period of one month from the date of the order.
(2.) IN order to appreciate the controversy, it is necessary to state, in brief, the events which led to the present litigation. Respondent No. 2 Bheru Singh was working as a Driver with the appellant Corporation. A disciplinary enquiry was conducted against him and his services were terminated by the Disciplinary Authority vide order dated November 3, 1983. Thework-man, through the employees union, raised an industrial dispute, which was referred for adjudication to the Labour Court, Bikaner. The learned Judge of the Labour Court, after trial, on January 23, 1991, passed an Award (An-nexure-14 ). By this award, the learned Judge of the Labour Court held that the order dated November 3, 1983 terminating the services of the workman was illegal and the workman is entitled for reinstatement with all the back wages.
(3.) DISSATISFIED with the Award dated January 23, 1991 passed by the Labour Court, the appellant Corporation filed a writ petition before this Court. While admitting the writ petition, an order was passed on the stay application also, by which the operation of the award was stayed. During the pendency of the writ petition, the workman moved an application under Section 17-B of the Act for the payment of full wages last drawn by him. That application was opposed by the appellant Corporation before the learned single Judge. The learned Single Judge, by his order dated January 28, 1996 allowed the application and directed the writ petitioner (appellant) to pay the full wages and arrears to the workman. It is against this order that the appellant Corporation has filed this appeal.;