Industrial Disputes Act
Alok Kumar Sharma
(Querist) 19 September 2009
This query is : Resolved
My clients were working in a factory which was illegally closed down by the employer. Subsequently, State Govt. granted permission to close down with retrospective effect. They were directed to be reinstated with full back wages. Employer has challenged the order before High Court taking a plea that factory is closed. Will my clients be entitled to get the last drawn wages u/s 17 B or not?riven
Adinath@Avinash Patil
(Expert) 19 September 2009
Dear Alok Kumar,
Your client will be entitled to get the last drawn wages.
1] Where in an application for approval made by an employer under sec 33[2][b] of the I.D.Act an order is made rejecting approval,such an order can be enforced by the workman concerned in an application under Sect.17-B.S.k. saser Ali V/s Kesoram Industries cotton Mills&Anr.19881 I CLR 60 {cul.H.C.]
2] Even if Termination held ilegal Reinstatement & Back wages is icretionary.
C.N. Malla v/s state. Civil Appeal No.5770/2009 decided on 24/08/2009 Suprime court.
In my opinion above both ruling will help you client.riven
Bhumik Dave
(Expert) 19 September 2009
Why not! Your client is entitle.riven
Suresh C Mishra
(Expert) 19 September 2009
in the cases where the reinstatment is directed by the Labour court or by tribunals ,filing of writ in the hc or sc follows the provisions of the section 17-B of i d act, 1947 subject to the satisfaction of the court after filing the affidavit as required .riven
