Section 17-B of Industrial Dispute Act
Sanjeev Panda
(Querist) 20 March 2010
This query is : Resolved
Workman approached the tribunal against the departmental enquiry. The Tribunal framed two issues
1. Whether the departmental enquiry was as per the Principal of Natural Justice and Fairplay
2. Relief
After completion of evidence and finally the Tribunal decided the First Issue in favour of Workman. Before the second issue decided the Company approached the High Court. After a gap of 8 years workman file an application u/S 17-B of ID Act before the High Court.
Now my question is whether is application u/s 17-B is maintainable in two aspects – Delay of 8 years (2) Whether Application under Section 17-B is maintainable, if award is not passed but one of the party approached higher court under Article 226 of Constitution of India
Raj Kumar Makkad
(Expert) 20 March 2010
No. In the given facts application moved by the workman is not tenable before law and it deserves outright rejection. Neither such application is matured nor is it an appropriate stage but as you know High Courts are itself law so may be for avoiding multiplication of litigation, High court may entertain the whole matter at once and may decide as per law.
In my opinion such application moved by workman is not maintainable.
Manish Singh
(Expert) 22 March 2010
Dear Mr. Panda
opinion of Mr. Makkad is correct and appl. u/17B is not maintainable at this stage since the writ filed by teh company can not be called a proceeding against the award since yet the award has not become final.
hence appl u/s 17B shall not be maintainable.
