Employers in relation to the Management of M/s. ACC Ltd. vs Upendra Kumar and Others

Narendra Nath Tiwari, J.

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 u/s 17(B) of the Industrial Disputes Act yet contrary to the provision of law as settled by the Supreme Court in the case of Regional Authority, Dena Bank and Another Vs. Ghanshyam, the management has not paid full wages last drawn from the date of award.

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.

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 u/s 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.

In Dena Bank''s case (supra), it has been settled that the benefit u/s 17(B) of the I.D. Act is admissible to the workmen from the date of award till disposal of the writ petition. In view thereof, the concerned workmen are entitled to get their full wages last drawn from the date of award. The management has not paid the said benefit from that date and has arbitrarily reduced the benefit by paying the same from the date of order dated 9.1.2013 passed on the application u/s 17(B) of the I.D. Act. This I.A. is accordingly allowed. Writ petitioner-management is directed to pay full wages last drawn to the concerned workmen from the date of the award i.e. 24.12.2010 till disposal of the present writ petition and in case of respondent No. 3-Radha Mohan Pandey, who is said to have retired, from the date of award till the date of his superannuation.