Saturday, April 8, 2023

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

 

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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Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

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Email – anujaggarwal1984@gmail.com

 

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