Calcutta High Court
M/S. Mileage Advertising (P) Ltd vs Goutam Bhattacharjee & Ors on 16 August, 2016
Author: I. P. Mukerji
Bench: I. P. Mukerji
GA No. 2252 of 2016
with
WP No. 609 of 2016
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
ORIGINAL SIDE
M/s. Mileage Advertising (P) Ltd.
Versus
Goutam Bhattacharjee & Ors.
Before:
The Hon'ble Justice I. P. MUKERJI
Date: 12th August 2016
Appearance:
Mr. Victor Chatterjee, Advocate
for the applicant
Mr. Nayan Rakshit, Advocate
for the respondents
Ms. Tapati Samanta, Advocate for the State The Court: Inspite of adjournments taken by the writ petitioner, they have not been able to find out if the respondent workman is gainfully employed elsewhere. The benefit has to go to the workman in this 17B application which is for the benefit of the workman.
This section of the Industrial Disputes Act, 1947 provides that in case of a proceeding is taken out by the employer challenging reinstatement of a workman and payment of his back wages, the last drawn wages have to be paid to him during the entire pendency of the writ application, unless it is shown that the workman is gainfully employed elsewhere.
In those circumstances, I allow this application by directing the writ petitioner to pay the last drawn wage of the respondent worker from the date of filing of the instant writ application. They will continue to make such payment till the disposal of this writ. The arrear payments have to be made by 6th October 2016.
The current wage must be paid by the seventh of each and every succeeding month commencing from September, 2016. 2
Certified photocopy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(I. P. MUKERJI, J.) R. Bose AR(CR)