Supreme Court of India
Ch. Saraiah vs Executive Engineer, Panchayat Raj ... on 22 January, 1999
Equivalent citations: (2000)ILLJ23SC, (1999)9SCC229
Author: A.P. Misra
Bench: A.P. Misra
ORDER
1. Leave granted.
2. The Labour Court in a dispute referred to it came to the conclusion that the termination of the petitioner is illegal and accordingly directed reinstatement, but no back wages were directed to be paid. The present respondent employer challenged the said order of the Labour Court in the High Court by filing a writ petition and the learned Single Judge stayed the direction of reinstatement, but directed the employer to comply with the provisions of Section 17B of the Industrial Disputes Act, which obliges the employer to pay the workman at the same rate which he was drawing when his services were terminated. Against this order of the learned Single Judge, the employer moved an appeal before the Division Bench and the Division Bench by the impugned order reversed the order of the learned Single Judge on the ground that the very dispute itself was raised after inordinate delay.
3. Having examined the provisions of Section 17B of the Industrial Disputes Act, we are of the considered view that the Court has no jurisdiction to direct non-compliance with the same when the condition precedent for passing an order in terms of Section 17B of the Act is satisfied, and this being the legislative mandate, the Division Bench of the High Court committed serious error in interfering with the direction of the learned Single Judge. We accordingly set aside the impugned order passed by the Division Bench and direct that the order of the learned Single Judge requiring compliance with Section 17B of the Industrial Disputes Act shall be complied with by the employer. This appeal is accordingly allowed. There shall be no order as to costs.