Q: I was employed as a workman in the factory of a public limited company. About three years ago, my service along with the services of 12 other workmen, similarly employed, was terminated by the company on the basis of false and frivolous allegations. When we protested, the labour department of the Government of West Bengal referred the matter to the Industrial Tribunal for adjudication. After a detailed hearing, the tribunal made an award in February 2005, holding that the termination orders were void and directed reinstatement of all employees with full back wages and other benefits. Instead of complying with the award, the company filed a writ petition in the Calcutta High Court in July 2005 challenging the order. The writ petition is pending in the court and we do not know when the judgment will be given. But in the meantime, we are all going through tremendous financial hardship. My questions are: (1) Even after getting a favourable award from the tribunal, do we have to suffer indefinitely? (2) Is there any way to force our employer to make some payment to us pending disposal of the writ petition? We are highly disturbed. Please advise us.
Ashok Raut Ray, Calcutta
A: I can understand your hardship and anxiety. To alleviate the hardship of employees in your situation, Section 17 B of the Industrial Disputes Act 1947 provides that where 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, inclusive of any maintenance allowance admissible to him under any rule, for the period of the proceedings.
This Section applies if the workman has not been employed in any establishment during the proceedings and if the workman files an affidavit to that effect in the high court. This is a mandatory provision and if you and the other workmen file affidavits 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. In this connection, you may refer to a recent judgment of the Calcutta High Court in the Loomtex Engineering case reported in 2005 (II) Labour Law Journal (page 295).
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