seeking relief of payment
of last drawn wages in accordance with Section 17B of the Industrial
Disputes Act (hereinafter referred ... respondent workman (i.e. payment of last draw wages
as per section 17B of the I.D. Act) has already been granted.
5.
Having regard
YOUR
LORDSHIPS may be pleased to grant benefit of section 17B of
Industrial Disputes Act during the pendency of main Special Civil
Application No.7953 ... appropriate order directing the opponent to comply
with the requirements under Section 17B of the Act may be passed.
4. The
Court is conscious
prefer to engage / reinstate the
workman instead of paying wages under Section 17B of the Act,
however, such reinstatement would be possible at some other ... wages (and not the last drawn
wages which are payable under Section 17B of the Act) as are payable
to the other workmen performing their
decision in the present petition.
5.
The direction regarding compliance with Section 17B is not passed
because it is not required in the facts ... arguments and for the
purpose of considering the compliance under Section 17B then also the
respondent will stand superannuated in 2002. Therefore there
para 7(C), subject to compliance of the
requirement prescribed under Section 17B of the I.D.Act.
3.1 Subsequently,
another order dated 28.4.2011 came ... order is also made subject to
compliance with the provisions under Section 17B of the Act.
4. The
writ petitioner-Panchayat has challenged the award
same basis
with a view to avoid liability under Section 17B of the I.D.
Act."
6. This
Court has already desired that ... respondent Board, so as to avoid
liability under Section 17B , should restore the status of the
concerned persons as "Nominal Muster Roll Employees
about
reinstatement or payment of last drawn wages, in accordance with
Section 17B of the Act, had arisen. In that view of the matter ... lines as it
would pay, if the direction to comply with Section 17B was passed.
The petitioner has come out with a contention that
relief in terms of Para 13-ii subject to
compliance of section 17B of the ID Act, 1947.
Rule.
Heard the learned Advocates for parties
same basis
with a view to avoid liability under Section 17B of the I.D.
Act."
6. This
Court has already desired that ... respondent Board, so as to avoid
liability under Section 17B , should restore the status of the
concerned persons as "Nominal Muster Roll Employees
same basis
with a view to avoid liability under Section 17B of the I.D.
Act."
6. This
Court has already desired that ... respondent Board, so as to avoid
liability under Section 17B , should restore the status of the
concerned persons as "Nominal Muster Roll Employees
