Legal Question in Employment Law in India

industrial disputes act,1947

labour tribunal upon adjucating rence rencerenffe u/s10 of the id act,1947 hold that the departmental proceedin proceeding is bad,company moved high court,stay granted, whether the workmen is entitled to get relief as per the provision of the 17(b) of the industrial disputes act,1947-recent judgement of the supreme court.


Asked on 10/23/08, 9:27 pm

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: industrial disputes act,1947

If the High Stays an Award of reinstatement, passed by the Labour Tribunal, the provisions of 17 B applies automatically. You need to make an application to your employer supported by an affidavit that you are not "gainfully employed" and claim "last drawn wages". If you do not receive the wages or the employer reject your application, you may approach the High Court for vacation of stay.

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Answered on 10/23/08, 9:40 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: industrial disputes act,1947

in case the stay has been granted by the high court, it would not be possible for you to obtain the relief under the original orders. still you may move an application for vacating the stay in the high court.

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Answered on 10/24/08, 12:59 am


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