AI Structured Summary
Not yet generated for this judgment
Judgment
W.P.(C) No.37009 of 2021 & I.A. Nos.3588 and 3840 of 2023
Mr. Mohanty, learned advocate appears on behalf of petitioner (management). He submits, his client is principal employer. His client never paid any wages to the workman. His client is unaware of last drawn wages paid to the workman by the contractor. In the circumstances, his client has made application for direction to deposit amount in favour of Registrar (Judicial) of this Court. He submits, this is because his client has a good case in the writ petition and the deposit should be treated as security standing to credit of it.
Mr. Jena, learned advocate appears on behalf of the workman and submits, his client has also filed application, in which it has been stated that the workman was drawing Rs.6,440/- per month. He submits, there should be direction for payment of wages in terms of section 17B in Industrial Disputes Act, 1947, from date of award (16th April, 2018) till date and for further payment on current basis, during pendency.
There is no provision under section 17B for deposit in Court as security in favour of successful party in the writ petition. The purpose of the provision is to give relief to a workman, who has obtained award for reinstatement, made subject matter of challenge by the management in the High Court or the Supreme Court. In the circumstances, Court views stand taken by the management as refusal to comply with the direction made earlier by coordinate Bench, for continuing with stay of operation of the award.
We, in our order dated 14th March, 2023, had made it clear that the direction for stay of operation of the award was no longer subsisting. We reiterate the same. The workman is at liberty to find his remedy for enforcement of the award. The workman will produce this order before the Conciliation Officer for said officer to forthwith approach the Labour Commissioner for initiation of proceeding under section 29 regarding enforcement of the award. The proceeding to be initiated notwithstanding the workman having had filed application under section 33C(2).
Accordingly both the I.As stand disposed of.
List the writ petition on 4th July, 2023.
……………………………