EMPLOYERS IN RELATION TO THE MANAGEMENT OF M/S. ACC LTD. Vs. UPENDRA KUMAR
LAWS(JHAR)-2013-12-81
HIGH COURT OF JHARKHAND
Decided on December 18,2013

EMPLOYERS RELATION TO MANAGEMENT OF ACC LTD Appellant
VERSUS
UPENDRA KUMAR AND ORS Respondents

JUDGEMENT

- (1.) I.A. No. 1637 of 2013 In this application, the concerned workmen-respondents have prayed for a direction on the writ petitioner-management to pay full wages last drawn from the date of award till the disposal of the present writ petition. It has been submitted that though earlier prayer of concerned workmen was allowed under section 17(B) of the Industrial Disputes Act yet contrary to the provision of law as settled by the Supreme Court in the case of Dena Bank, 2001 AIR(SC) 2270 the management has not paid full wages last drawn from the date of award.
(2.) It has been further submitted that one workman namely Radha Mohan Pandey (Respondent No. 3) in the meanwhile retired and he is entitled to get full wages last drawn, according to the award, from the date of award till the date of superannuation but the said benefit has not been paid to him, in spite of the order of this Court.
(3.) Learned counsel appearing on behalf of writ petitioner-management has not disputed the said factual contentions. But the application has been opposed on the ground that an application under section 17(B) of the I.D. Act was earlier filed and disposed of by this Court and no further application is maintainable for the same relief. However, it has not been disputed that in spite of the order of this Court, the management has not paid full wages last drawn from the date of award.;


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