Delhi High Court
21.12.2022
Delhi High Court directed CBSE to pay full wages to a
daily wager w.e.f. 04.07.2017 (i.e., the of Award passed by the Ld. Labour
Court) under Section 17B of the Industrial Disputes Act, 1947. Directive paragraphs of the Order dated 21.12.2022
are reproduced below for ready reference: -
“4. The grant of relief under Section 17 B of the ID
Act depends only on the factum of the respondent being unemployed and there being
an award in his favour directing his reinstatement. In the present case, once
the respondent has categorically stated on affidavit that he is not gainfully
employed and has no other source of livelihood, there is no reason for this
Court to disbelieve his stand and that too when the petitioner has, without
bringing on record any material, baldly denied these averments.
5. In these circumstances, this Court has no other option
except to accept the respondent’s stand that despite his best efforts, he
continues to be unemployed and does not have any source of livelihood. The application,
therefore, deserves to be allowed and is, accordingly, allowed.
6. The petitioner is directed to release the arrears of
the minimum wages/last drawn wages, whichever may be higher, to the respondent,
with effect from 31.05.2018, the date when the present writ petition came to be
filed. The arrears in terms of this order will, within six weeks, be released
in favour of the respondent. This will, however, be subject to the respondent
filing an affidavit, within one week, undertaking to refund the differential
amount, if any, between the amount towards the minimum wages and the last drawn
wages, in case, the petitioner were to succeed in the present petition.
7. It is further directed that arrears in terms of this
order will be paid on or before 31.01.2023 and future payments from February,
2023 will be made by the petitioner on or before 10th of every month. It will
be open for the respondent to forward his bank account details to the learned
counsel for the petitioner to enable the petitioner to make the remittance
through it’s bank account itself.”
[CBSE Vs. Kuldeep, W.P.(C)
6480/2018, date of order 21.12.2022, Delhi High Court]
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