In one of our ongoing matter at Gujarat High Court challenging award of Labor Court about reinstatement of a Contract Labor, the court has granted interim relief subject to compliance of Section 17-B of the Industrial Dispute Act,1947. In the order granting interim relief Hon. Court has mentioned that "Considering the nature of dispute decided by the labor court and having regard to the stand taken by the petitioner (i.e. the company) that the respondent no. 1 (i.e. Contract Labor) was the contractor's worker, the court finds that the petitioner has made out a case for grant of interim relief, Hence relief is granted subject to compliance of Sec 17-B of the Industrial Dispute Act,1947.
The provisions of Sec.17-B are very clear & entitles a workman for the benefits, if following 05 conditions are satisfied.
1. There should be an order of reinstatement
2. The employer should prefer proceedings against the order in High Court Or Supreme Court
3. The workman should be employed in any establishment during pendency of the proceedings
4. The workman should file an affidavit before such court to that effect
5. Such court should be satisfied that the workman had neither been employed nor had been receiving adequate remuneration during such period.
The only relief available with the employer is to prove that the said workman is gainfully employed & has been receiving adequate remuneration and in that case the workman will not be entitled to benefits under section 17-B.
In this context, there is one judgement of High Court of Jharkhand in LPA No 267 of 2012 wherein court has mentioned that "Refusing relief under section 17-B an exception, as it would be in the rarest of the rare cases. The case may be only those where an award is challenged on the basic issue of jurisdictional error or error apparent on the face of the award. One instance of jurisdictional error can be about the absence of the relationship of workman and the employer between the parties. If the writ petitioner challenging the award before the High Court genuinely, bonafide, seriously and gravely raises the question of absence of this relationship and the High Court is satisfied prima facie in full measure with reference to such contention of the writ petitioner, which have to be dully supported by material on record and the High Court comes to a prima facie conclusion that indeed very serious and grave doubts do exist with respect to the question of such relationship between the parties, it can refuse to pass an order under section 17-B of the Act.
I was trying to establish the correlation between our case & the above judgement to refuse benefits under section 17-B of the Act, as in our case also High Court has prima facie agreed to stand taken by us that the respondent no.1 is contractor's worker. Request legal opinion & views with other such judgements, if any refusing benefits under section 17-B on such ground.
The provisions of Sec.17-B are very clear & entitles a workman for the benefits, if following 05 conditions are satisfied.
1. There should be an order of reinstatement
2. The employer should prefer proceedings against the order in High Court Or Supreme Court
3. The workman should be employed in any establishment during pendency of the proceedings
4. The workman should file an affidavit before such court to that effect
5. Such court should be satisfied that the workman had neither been employed nor had been receiving adequate remuneration during such period.
The only relief available with the employer is to prove that the said workman is gainfully employed & has been receiving adequate remuneration and in that case the workman will not be entitled to benefits under section 17-B.
In this context, there is one judgement of High Court of Jharkhand in LPA No 267 of 2012 wherein court has mentioned that "Refusing relief under section 17-B an exception, as it would be in the rarest of the rare cases. The case may be only those where an award is challenged on the basic issue of jurisdictional error or error apparent on the face of the award. One instance of jurisdictional error can be about the absence of the relationship of workman and the employer between the parties. If the writ petitioner challenging the award before the High Court genuinely, bonafide, seriously and gravely raises the question of absence of this relationship and the High Court is satisfied prima facie in full measure with reference to such contention of the writ petitioner, which have to be dully supported by material on record and the High Court comes to a prima facie conclusion that indeed very serious and grave doubts do exist with respect to the question of such relationship between the parties, it can refuse to pass an order under section 17-B of the Act.
I was trying to establish the correlation between our case & the above judgement to refuse benefits under section 17-B of the Act, as in our case also High Court has prima facie agreed to stand taken by us that the respondent no.1 is contractor's worker. Request legal opinion & views with other such judgements, if any refusing benefits under section 17-B on such ground.