Under Section 17 (B) Of The I.D. Act - CiteHR
9871103011
Private Consultant On Labour Laws
Vivian Chandrashekar
Aast. Gen. Manager-hr
+1 Other

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According to section 17 (B) of the ID Act, an employer is bound to pay the wages (Last drawn wages) every month to the workman, in the event of the Award of Labour Court or Tribunal granting relief of reinstatement to a workman, is challenged by the employer before the High Court or the Supreme court. Now my queries are (1) can the employer is bound to pay wages even after the said workman attained the age of superannuation during the pendency of the litigation? (2) will the employer bound to make statutory recovery of P.F., ESI from the 17 (B) wages payable to the workman and the same be remitted together with the employer contributions?
Experts views with suitable citations are certainly helpful. Regards,

Dear Mr. Sridharan,
My personal opinion regarding your queries are as under:-
(1) Yes, the employer is bound to pay full wages to the workman during the pendency of such proceeding as well as till it is disposed of by a speaking order even though the workman has attained the age of superannuation.
(2) No, the employer is not bound to recover PF, ESI contribution from the wages payable under Section 17B of the Industrial Dispute Act, 1947 unless there are any directions/ orders to do so by the HC or SC, as the case may be.
BS Kalsi,
Member since August, 2011

Thanks Mr B S Kalsi for offering your views. It seems that the views with respect to second query of P.F. & ESi Recovery are OK. But, there is some court ruling regarding payment of 17 B compliance may not be necessary when the workman attained the age of superannuation. Let us wait and see the other expert views. Regards,
State of Maharashtra Vs. Sarva Shramik Sangh, Sangli | Latest Supreme Court Judgments | Law Library | AdvocateKhoj
it reads as under
13. A few workmen have already reached the age of superannuation during the pendency of these proceedings. They shall be paid the back wages computed at 25% till the date they attained the age of superannuation within three months from today.

Thanks Mr Uday. My query is not related to relief granted to the workman till he attains the age of superannuation. My question is related 17B wages which is payable by the employer to the workman during the pendency of the Litigation before the High Court when the relief granted by the Labour Court is in challenge?
Dear Sridharan,
Inform the court through your Advocate that the workmen attained age of superannuation and that management is not required to pay wages and ensure the court passes proper order before you could stop in order to avoid any 2nd thought in your mind or stop and inform the court the changed situation if age of superannuation is already attained.
Vivian Chandrashekar,
Advocate & Management consultant
Phone : 9916138191

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