RAJESH SHANKAR, J. - (1.) I.A. Nos. 5532/2017 and 6454/2017: In I.A. No.5532 of 2017, the petitioner-Management has prayed for staying the operation of the impugned award dated 23rd March, 2016 passed by the Labour Court, Dhanbad in Ref. Case No.1 of 2014.
(2.) In I.A. No.6454 of 2017, the respondent-workman has prayed for providing benefit under Section 17B of the Industrial Disputes Act.
(3.) Mr. Rajendra Krishna, learned counsel, appearing on behalf of the Respondent-workman, submits that the service of the respondent-workman was retrenched by the petitioner-Management and against the said order of retrenchment a reference was made to the Presiding Officer, Labour Court, Dhanbad. After industrial adjudication, the award was delivered on 23rd March, 2016, holding, inter alia, that the retrenchment of the respondent-workman is unjustified and, as such he has been directed to be reinstated on the post of Security Supervisor as permanent employee with continuity of service as well as 50% back wages from the date of his retrenchment till the date of reinstatement. It is further submitted that since the petitioner-Management has challenged the said award before this Court by way of present writ petition, which is pending adjudication, the respondent-workman is entitled to receive the benefit in terms with Section 17B of the Industrial Disputes Act. It is further submitted that the Respondent-workman has not been gainfully employed since the date he was retrenched by the petitioner-Management and, therefore, he is entitled to get the benefit under Section 17B of the Industrial Dispute Act.;