Section 17B in The Industrial Disputes Act, 1947
17B. [ Payment of full wages to workman pending proceedings in higher Courts. [ Inserted ... such proceedings in the High Court or the Supreme Court, full wages last drawn by him, inclusive of any maintenance allowance admissible to him under
wages more than the last wages drawn.
As per the decisions of the High Court referred to
above the expression "full wages last drawn ... wages last drawn" as
"full wages which would have been drawn". Such an extended
meaning to the words "full wages last
order to the
respondent, which is over and above full wages last drawn
occurring in Section 17-B of the Act, is sustainable ... full wages last drawn as
follows :
The Parliament thought it proper to limit it to the
extent of the wages which were drawn
expression "full wages last drawn" in Section 17B can mean as under :
(i) Wages only at the rate last drawn ... wages last drawn" as "full wages which would have been drawn". Such an extended meaning to the words "full wages last
required
to pay full wages to the workman;
(iii) the wages stipulated under Section 17B are full wages last
drawn by him, inclusive ... extended meaning to the expression "full wages last drawn"
as to mean wages drawn on the date of termination of the services
plus
account the full wages last drawn.'Back wages' is just a convenient expression. Statutory provision requires full wages last drawn by the workman ... last drawn wages would be those which were drawn during the period of service. The subsequent observation that the full wages means 'full wages
full wages last drawn". Hence, we are of the view that the content of the words "full wages last drawn" would take ... held that the "full wages last drawn" would mean the wages last drawn on the date of removal of the workman plus increment
required to pay full wages to the workman;
(iii) the wages stipulated under Section 17B are full wages last drawn by him, inclusive ... full drawn wages' contemplated by Section 17B of the Act meant wages drawn at the time of termination of employment or wages which would
full wages last drawn and nothing
more than that. It is not open for the workmen to contend
that the full wages last drawn ... wages last drawn.
The adequate remuneration in terms of the proviso cannot
therefore be construed as anything less than the full wages
last drawn
full wages last drawn" and has submitted that the said word implies that the wages last drawn must be the wages which the workman ... what would be the position of full wages last drawn? These terms "full wages last drawn" are to be looked into from