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Judgment
Mr. Rout, learned advocate appears on behalf of petitioner-management. Mr. Mishra, learned advocate appears on behalf of the workmen and draws attention to order dated 7th September, 2021 made by coordinate Bench on his clients’ relief by provision in section 17-B in Industrial Disputes Act, 1947. He submits, the management thereafter successfully sought variation of the order. Compliance be enforced by this Court.
Mr. Rout hands up cheque no.381053 dated 17th October, 2023, drawn on State Bank of India in favour of Registrar (Judicial) of this Court for ₹10,00,000/- (Rupees Ten lakhs). He submits, the tender is being made to show bonafide of his client in the circumstance that the workmen have wrongfully claimed retrenchment, when the claim of engagement had itself ceased to operate. His client is opposed to order of compliance being made. He presses for hearing of the writ petition.
Mr. Nanda, learned advocate, Additional Government Advocate appears on behalf of opposite party nos.7 and 8.
Impugned in the writ petition is award dated 26th September, 2018. Direction in the award was for petitioner to reinstate the second party workmen in service and to pay 20% back wages within three months from date of publication. Section 17-B says, inter alia, where the labour Court had by its award directed reinstatement of the workman and the employer preferred proceeding against said award in the High Court, he shall be liable to pay such workman, during pendency of the proceeding, full wages last drawn by him, inclusive of any maintenance allowance admissible to him under any rule in the circumstances specified. On query from Court, Mr. Mishra submits, arrears on payment of last drawn wages during pendency is in excess of aggregate of ₹45,00,000/- for the workmen he represents. They were not in employment in the period passed and are not in employment. Mr. Rout disputes the submission.
Registrar (Judicial) will encash the cheque and invest the proceeds in a short term interest bearing account in any nationalized bank, for the proceeds to be held in favour of the litigation.
List on 6th December, 2023, as prayed for by Mr. Mishra.
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