Whether 17b application read with section 151 cpc for interim relief in compensation judgment valid
S Kumar
(Querist) 14 October 2014
This query is : Resolved
Dear experts
Before 1984 when 17B was enacted High Courts and Apex Court were giving interim reliefs under article 226 to industrial workman.
Between the period 1984 to 2000 on illegal termination cases usually reinstatement was the trend and on stay application of management last drawn wages were given u/s 17B to workman.
Now days Labour Courts are giving more compensation awards instead of reinstatement.
NOw my question to experts is that in such situation of compensation award if management goes for stay by their writ under article 226 whether workman for his survival can also ask for subsistence allowance as interim relief during pending adjudication in HIgh Court under article 226 as 17B is not applicable in cases of compensation or HC have still power to give last drawn wages according to 17B.
Pls give some suitable judgment if interim relief is given on compensation award also.
thanks a lot
skumar
Devajyoti Barman
(Expert) 14 October 2014
17B application is applicable in case of reinstatement or compensation whenever stay is applied for by the employer.
