Legal Question in Employment Law in India

Re: writ petion in High Court. against Workman

The High Court may set aside the labour court award. However, if the petition is admitted for regular hearing and the award is stayed, the employer may have to pay last drawn wages under section 17-B of I.D.Act.

Re: writ petion in High Court. against Workman

Section 17-A of the Industrial Dispute Act, 1947 is reproduced as follows:---

17B. PAYMENT OF FULL WAGES TO WORKMAN PENDING PROCEEDINGS IN HIGHER COURTS. - Where in any case a Labour-Court, Tribunal or National Tribunal by its award directs reinstatement of any workman and the employer prefers any proceedings against such award in a High Court or the Supreme Court, the employer shall be liable to pay such workman, during the period of pendency of such proceedings in the High Court or the Supreme Court, full wages last drawn by him, inclusive of any maintenance allowance admissible to him under any rule if the workman had not been employed in any establishment during such period and an affidavit by such workman had been filed to that effect in such Court :

Provided that where it is proved to the satisfaction of the High Court or the Supreme Court that such workman had been employed and had been receiving adequate remuneration during any such period or part thereof, the Court shall order that no wages shall be payable under this section for such period or part, as the case may be.

High Court has power to set aside or amend the award of Labour Court.