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Judgment
Vikramajit Sen, J.—Costs paid. This is an application u/s 17-B of the Industrial Disputes Act, 1947. Ms. Kalia, learned Counsel appearing for the MCD seeks to assail the award at this stage. In my view this is not permissible. She further states that an order u/s 17-B should be restricted to the lowest wages. I am also unable to agree with this contention. Even if the respondent was a daily wager as is contended by the learned Counsel for the MCD he would be entitled to payment in accordance with the Minimum Wages Act. In passing an order u/s 17-B of the Industrial Disputes Act, a meaningful interpretation of the words "full wages last drawn". An order directing the payment of wages below the Minimum Wages Act would not be legal. In my view, Therefore, where it is contended that the workman was receiving daily wages or minimum wages an order u/s 17-B should clarify that in paying the last wages drawn by the workman he must be paid the minimum wages applicable.
The application is accordingly allowed and the petitioner is directed to pay the respondent the wages last drawn by him, but in case these wages are only the minimum wages, or even below minimum wages he should be paid the minimum wages applicable today with effect from the date of the award. At this stage, Ms. Kalia, learned Counsel appearing for the MCD submits that the payment of back wages should be commenced from the filing of the petition.
Restricted to the question of whether the order should be made effective from the date of the award or from the date of the filing of the petition, renotify on 9th February, 2001.
9.2.2001:
Learned Counsel for the respondent has drawn my attention to a decision of a Division Bench of the Karnataka High Court in Visveswaraya Iron and Steel Ltd. v. M. Chandrappa and Ors. , 1993 LLR 606. The Court had, after noticing the reasons for introducing Section 17B concluded that ''though in Section 17B of the Act the words "from the date of the award" are not found, having regard to the objects and reasons stated for inserting this provision, we can, without any difficulty, came to the conclusion that the date from which the full wages last drawn to be paid should be from the date of the award till disposal of the proceedings''. I am in respectful agreement with this opinion.
Accordingly, the order dated January 22, 2001 is modified to the extent that the petitioner is directed to pay the respondents the wages last drawn by them which should not be less than the minimum wages applicable from time-to-time. It is clarified that the wages shall not fall below the minimum wages fixed for the period in question. These wages shall be paid with effect from the date of the award.
Application stands disposed off.
Application allowed.