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Judgment
The appeal is barred by limitation. The delay is of three
days. As this case involves determination of payment to the
workmen, we have decided to consider the appeal on merits.
This is an appeal by the employer challenging an interim
order passed by the Hon''ble Single Judge directing payment of
current wages to the workmen from February 8, 2016, that is,
the date on which they were reinstated, until further orders.
An award was passed by the Labour Court directing
reinstatement of the workmen. The award has been
challenged before the Hon''ble Single Judge and the writ
petition is pending. During the pendency of the writ petition,
the Hon''ble Single Judge granted stay of the operation of the
award, subject to the result of the writ petition. Nevertheless,
the employer had reinstated the workmen,.
The workmen are performing the duties along with their
other colleagues, but they are receiving Rs.8,500/- (Rupees
eight thousand and five hundred) only, per month, as Rs.8,500/-
(Rupees eight thousand and five hundred) only, was their last
drawn remuneration on the date of their terminations.
Mr.S.Vijayashankar, learned senior advocate appearing
in support of the appeal, submits, that the workmen are
entitled to payment of an amount, which was last drawn by
them at the time of their termination.
It is not that the order was passed in an application
under section 17B of the Industrial Disputes Act, 1947.
The Management had reinstated them subject, however,
to the result of the writ petition. As the workmen are
performing their duties along with their other colleagues, they
are entitled to payment at par with their colleagues.
A workman is entitled to receive the current wages and
cannot be forced to receive wages, which were paid to him
previously.
In the facts and circumstances of the case, we are not
inclined to interfere with the order impugned.
The application for condonation of delay in filing the
appeal is, therefore, dismissed. Consequently, the appeal is,
also, dismissed.
In view of dismissal of this appeal, the pending
interlocutory application does not survive for consideration
and is, also, dismissed.
We make no order as to costs.