- (1.) THIS appeal is directed against the judgment and order dated 7.3.2008 passed in WP (L) No. 4637 of 2006 wherein learned Single Judge refused to modify the order dated 27.4.2007 under Section 17 -B of the Industrial Disputes Act.
(2.) THE impugned order reads as under: Mr. P.P.N. Rai submitted that this application has been filed for modification of the order dated 27.4.2007 directing the petitioner to pay wages under Section 17 -B of the Industrial Disputes Act, from the date of the Award. He further submitted that the current wages are also not paid. He relied on interim order dated 28.6.2007 passed in WP (L) No. 208 of 2006 and submitted that in that case wage was allowed from the date of pronouncement of the Award. Mr. Rajiv Ranjan on the other hand submitted that the said order dated 27.4.2007 was passed after hearing the parties and therefore it should not be modified on the basis of order passed in other case thereafter. He further submitted that after reaching the age of superannuation in June, 2007, petitioner is not entitled to claim wages under Section 17 -B of the I.D. Act. He relied on the order dated 8.4.2004 passed in CMP No. 392 of 2003 and order dated 27.2.2007 passed in WP (L) No. 871 of 2002. He further submitted that the wages from 18.8.2006 up to June, 2007 has been paid. The order dated 27.4.2007 was passed after hearing the parties. I am not inclined to modify it on the said ground. Moreover, petitioner cannot claim the wages under Section 17 -B after he reached the age of superannuation. Accordingly, I.A. No. 2976 of 2007 is rejected. It appears that the appellant who is a workman raised industrial dispute for adjudication as to whether his dismissal from service was legal and justified. The Labour Court in terms of award dated 24.1.2006 answered the reference in favour of the appellant -workman and held that the dismissal was not justified. The Labour Court further directed for reinstatement of the appellant with full back wages and with continued service. The said award was challenged by the respondents by filing writ petition being WP (L) No. 4637 of 2006. In that writ petition, application under Section 17 -B of the Act was filed by the employer for stay of the award. Learned Single Judge in terms of order dated 27.4.2007 directed the stay of the operation of the award on the condition of payment of wages from the date of filing of the writ petition. Appellant filed an application for modification of the same interim order to the extent that wages should be paid from the date of the award and not from the date of filing of the writ petition.
(3.) ADMITTEDLY , the award was passed by the Labour Court on 24.1.2006 and the writ petition was filed by the respondent -employer after six months. Appellant was neither reinstated nor was paid wages last drawn by him.;