Q: I worked in a factory of a public limited company. About three years ago my service was terminated on the basis of false allegations. The state labour department referred the matter to the industrial tribunal for adjudication. The tribunal made an award on August 2010, setting aside the termination order and directing my reinstatement with full back wages and other benefits. The company filed a writ petition in the high court challenging the award which is pending. Is there any way to get some of the pending award?
Samir Shaw
A: Section 17B of the Industrial Disputes Act, 1947, states that when an award of the industrial tribunal directing reinstatement of any workman is challenged before the high court, the employer shall be liable to pay the workman full wages last drawn by him, including any maintenance allowance admissible to him under any rule, for the period of the proceedings. This section applies if the concerned workman is unemployed during the proceedings and files an affidavit to that effect in the high court. If you file an affidavit to the above effect, the company will be bound to pay you the last drawn full wages and other benefits applicable to you for the period starting from the date of filing the writ petition till its disposal. You may refer to a judgment of Calcutta High Court in the Loomtex Engineering case reported in 2005 (II) Labour Law Journal page 295.
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