Jharkhand High Court
Tata Iron And Steel Company Limited vs Concerned Workman Smt.Kalsia Bai on 19 November, 2014
Author: Shree Chandrashekhar
Bench: Shree Chandrashekhar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(L) No. 2363 of 2010
Tata Iron and Steel Company Limited, Jamshedpur
through Sr. Manager, H.R. & I.R. Legal ... ... Petitioner
Versus
Concerned Workman Smt. Kalsia Bai ... Respondent
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioner : Mr. Shreshth Gautam, Advocate
For the Respondent : Mr. Ranjan Kumar, Advocate
I.A. No. 7293 of 2013
07/19.11.2014The learned counsel appearing for the petitioner seeks permission to withdraw this application.
Permission is accorded.
Accordingly, this application is dismissed as withdrawn.
I.A. No. 1479 of 2014 with I.A. No. 3744 of 2010 The petitioner has filed I.A. No. 1479 of 2014 seeking stay of the execution of award dated 12.11.2009 and the respondentworkman has preferred I.A. No. 3744 of 2010 seeking an order in terms of Section 17B of the Industrial Disputes Act.
The learned counsel appearing for the petitioner has submitted that even though the learned Presiding Officer, Labour Court, Jamshedpur in Reference Case No. 19 of 1997 vide order dated 12.11.2009 directed reinstatement of the respondentworkman with full back wages and this Court has not passed an order staying the award dated 12.11.2009, the petitioner has not made payment to the workman in terms of Section 17B of the Industrial Disputes Act. The learned counsel has submitted that in the meantime, the respondentworkman has initiated a proceeding for execution of award dated 12.11.2009 and therefore, no order can be passed in I.A. No. 3744 of 2010 because the respondentworkman cannot avail of both the remedies.
In view of the facts disclosed in the present proceeding, it is not disputed that vide award dated 12.11.2009 in Reference Case No. 19 of 1997, the learned Labour Court, Jamshedpur directed the reinstatement of the respondentworkman with full back wages. Though, this writ petition was filed on 19.05.2010 and the matter appeared on six occasions for hearing, this Court has not passed an order staying the award dated 12.11.2009. Once the award is passed, the management is under a statutory duty to make payment in terms of Section 17B of the Industrial Disputes Act.
Accordingly, I.A. No. 3744 of 2010 is allowed. The payment shall be made to the respondent within a period of four weeks from today.
Insofar as, I.A. No. 1479 of 2014 filed by the petitioner is concerned, in view of the order passed in I.A. No. 3744 of 2010, there shall be stay of further proceeding in M.J. Case No. 17 of 2010 pending in the court of the Presiding Officer, Labour Court, Jamdhedpur.
W.P.(C) No. 2363 of 2010Post the matter after eight weeks.
(Shree Chandrashekhar, J.) Manish