Workers To Get Wages During Appeal U/s 17B Of ID Act - Delhi High Court

Dear friends,



Delhi High Court in its judgement dated 16.5.2012 (copy attached) has ruled that workers who have received a labour tribunal award of reinstatement are entitled to wages last drawn even if there is an appeal pending against the award. However, the workers cannot claim this benefit if they are getting adequate remuneration under another employer.

In this case, Mrs Kiran Uppal Prop. M/S Clas vs Ashok Kumar, the employers alleged that its former workers were self-employed and therefore they were not entitled to the benefit under Section 17B of the Industrial Disputes Act. The workers countered it by stating that they were engaged in small trade for their own and their family’s survival. Accepting their submissions, the high court stated that the employer must prove that the workers were getting adequate income. This has not been done in this case. So the high court granted the request of the workers that they were entitled to wages from 2005, the date of the award when the industrial tribunal declared their termination illegal and ordered them to be taken back.

Thanks

Whether deductions are to be made in respect of PF & ESI when as per Orders under Section 17 B month by month wages, last drawn or minimum wages, whichever is higher is being paid.