please advice

If the workman has suceeded in the Writ and the earlier judgement has been set aside, In the same judgement the workman has been awarded re instatement. If you dont comply with the order your company will be charged for Contempt of the Court Order.

The workman is eligible for the 17B after the Writ Order. As the Writ under Art 226 has directed the Lower court to correct there order.

It will be better to settle the case with the workman out of court. Ultimately he also needs to run his or her family.

Are you in appeal in Division bench against the Writ order. If yes, The work man can claim for Sec 17B and you will have to pay him his full salary till the appeal gets dismissed or disposed off.

Hi, Thank you for your very informative reply but one small correction. We have not filed writ appeal but workman has filed, as he is not happy with the backwages and he has challenged only regarding denying of back wages and not reinstatement. In this scenaria whether we are liable to pay as per 17B or we can take contention, that workman has already challenged the order

Hi,

      if the resinstatement order passed by the high court is not complied by the company, then as already pointed out that your company will be charged with the contempt of court under civil proceedings. but as far as application under 17B of the I.D act it says if employer prefers to challenge the order of reinstatement in superior court then only an application under 17B is maintenable by the workman therefore if workman only challenges the order passed by the court as you have mentioned then application is not maintenable