Delhi High Court - Orders
M/S. Automobiles Association Of Upper ... vs Bansraj Shukla And Ors on 27 February, 2023
Author: Rekha Palli
Bench: Rekha Palli
$~68
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2335/2015, CM APPL. 14301/2018 (additional affidavit),
CM APPL. 4189/2015 (stay)
M/S. AUTOMOBILES ASSOCIATION OF UPPER INDIA
..... Petitioner
Through: Ms.Ananya Marwaq, Adv.
versus
BANSRAJ SHUKLA AND ORS ..... Respondents
Through: Mr.Jitesh Pandey & Mr.Hrishabh
Tiwari, Advs.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 27.02.2023 CM APPL. 22333/2015 (17-B by R-1) CM APPL. 22334/2015 (17-B by R-2) CM APPL. 22336/2015 (17-B by R-4) CM APPL. 22337/2015 (17-B by R-5) CM APPL. 22391/2015 (17-B by R-6) CM APPL. 14301/2018 (Addl. Affidavit)
1. These are applications, under Section 17B of the Industrial Disputes Act, 1947, filed by the respondent nos.1, 2, 4, 5 & 6. It has been averred by the applicants that despite their best efforts, they have not been able to secure any source of livelihood. It has been further averred that in order to survive, they have been taking up employment on 'as and when basis' on daily wages for a few days in a month. The applications are also supported by additional affidavits wherein, it has been reiterated by the respondents that they are facing acute financial hardships and are solely dependent on their family members and Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:28.02.2023 16:14:53 relatives for financial support.
2. Though replies opposing the applications have been filed by the petitioner, a perusal of these replies shows that except for making a bald statement that the respondents are gainfully employed as also that the agreement between the parties came to an end on 01.08.2004, nothing material has been placed on record by the petitioner to show that the respondents' plea that they have not been able to secure any job, is incorrect. The petitioner also does not deny that under the impugned award, operation whereof has been stayed by this Court, the petitioner has been directed to reinstate the respondents with 50% back wages.
3. The grant of relief under Section 17 B of the ID Act depends only on the factum of the workmen/respondent being unable to secure a job and there being an award in his favour directing his reinstatement. In the present case, the factum of reinstatement under the impugned award is undisputed. Furthermore, once the respondents have categorically stated on affidavit that they are not gainfully employed and have no other source of livelihood, there is no reason for this Court to disbelieve their stand and that too when the petitioner has, without placing on record any material, baldly denied these averments.
4. In these circumstances, this Court has no other option except to accept the respondents' stand that despite their best efforts, they continue to be unemployed and have been unable to find any source of employment. The applications, therefore, deserve to be allowed and are, accordingly, allowed from the date of filing of the applications, Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:28.02.2023 16:14:53 i.e., 01.10.2015.
5. The petitioner is, accordingly directed to release in favour of the respondent nos.1, 2, 4, 5 & 6, the arrears of the minimum wages/last drawn wages, whichever may be higher, with effect from the date of filing of the applications, i.e., 01.10.2015. The arrears in terms of this order will be released in favour of the respondents within twelve weeks. This would however be subject to the respondents filing before this Court, affidavits 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.
6. It is further directed that monthly payment in terms of this order to respondent nos.1, 2, 4, 5 & 6, will be made by the petitioner on or before 10th of every month during the pendency of the petition. It will be open for the respondents to forward their bank account details to the learned counsel for the petitioner to enable the petitioner to make the remittance through their bank account itself.
7. The applications stand disposed of in the aforesaid terms. CM APPL. 22335/2015 (17-B by R3)
8. This an application, under Section 17B of the Industrial Disputes Act, 1947, filed by the respondent no.3.
9. Learned counsel for the respondent seeks leave to withdraw the present application.
10.The application stands dismissed as withdrawn. W.P.(C) 2335/2015
11.At request of learned counsel proxy counsel for the petitioner, who Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:28.02.2023 16:14:53 submits that the arguing counsel is in some personal difficulty, list on 31.08.2023.
12.In the meanwhile, the respondents will ensure that their written submissions in terms of the order dated 11.04.2022 are filed within six weeks.
REKHA PALLI, J FEBRUARY 27, 2023 kk Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:28.02.2023 16:14:53