Brief on Case
Employed by the company wef - 25.5.2011
Terminated by the company on disciplinary grounds during the probation period wef - 24.4.2013
Workman filed a court case against termination in Industrial Court - 23.06.2016
Industrial Court passed judgment of 'Re-instatement with full back wages' dated 31.5.2017.
Industrial Court judgment challenged and petition filed in High Court on 02.01.2018.
High Court granted stay against Ind. Court Judgment subject to compliance with section 17B of ID Act 1947 dated 05.01.2018.
Compliance of 17B
To receive last wages during the pendency of the case:
1. Is it mandatory to file an affidavit by the workman to receive back wages on the ground of unemployment?
2. If no affidavit is filed by the workman, is he entitled to receive wages?
3. To keep workmen employed, can the same company employ him and pay wages?
4. In this case, the same company employed him wef - 03.02.2018 (To avoid payment of last drawn wages under section 17B).
5. Workman during the second term of employment (para-4 above) created nuisance, indiscipline, and when the company followed the process of show cause, chargesheet, and independent Domestic enquiry, the workman has been absconding since 12 July 2019 and not responding to any communication. Can this be implied and considered 'Willful abandonment of employment'?
6. Is the company liable to pay him last drawn wages when he has abandoned employment? (in terms of high court stay order)
7. Can the company terminate his employment (para-4 above) on disciplinary grounds and recommendations of Domestic Enquiry?
8. Post-termination, is the company liable to pay him last drawn wages in terms of the high court stay?
9. Does in any way nonpayment of last drawn wages amount to contempt of court?
Response to Compliance of Section 17B under ID Act 1947
1. **Affidavit Requirement**:
- Yes, it is typically mandatory for the workman to file an affidavit to receive back wages based on unemployment grounds. This affidavit serves as a formal declaration of the workman's status and is often a standard procedure for claiming such benefits.
2. **Entitlement to Wages**:
- If the workman fails to file the required affidavit, it may impact his entitlement to receive wages. However, specific legal advice should be sought to determine the exact implications in this scenario.
3. **Employment by the Same Company**:
- The same company can employ the workman and pay wages to keep him employed. This practice is common in situations where reinstatement is ordered, and the company wishes to fulfill its obligations while maintaining employment continuity.
4. **Absconding and Willful Abandonment**:
- The workman's behavior of absconding and not responding to communication can indeed be interpreted as willful abandonment of employment, especially if it persists over a significant period. This may have implications on his entitlement to wages and employment status.
5. **Company's Liability and Termination**:
- The company may have grounds to terminate the workman's employment based on disciplinary issues and the recommendations of the Domestic Enquiry, especially considering the absconding and lack of response to communication.
6. **Nonpayment and Contempt of Court**:
- Nonpayment of last drawn wages, particularly in the context of a court order, can potentially lead to contempt of court. It is crucial for the company to adhere to the legal requirements and court directives to avoid such consequences.
It is advisable for the company to seek legal counsel to navigate the complexities of this case effectively and ensure compliance with the relevant labor laws and court orders.
From India, Indore
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Employed by the company wef - 25.5.2011
Terminated by the company on disciplinary grounds during the probation period wef - 24.4.2013
Workman filed a court case against termination in Industrial Court - 23.06.2016
Industrial Court passed judgment of 'Re-instatement with full back wages' dated 31.5.2017.
Industrial Court judgment challenged and petition filed in High Court on 02.01.2018.
High Court granted stay against Ind. Court Judgment subject to compliance with section 17B of ID Act 1947 dated 05.01.2018.
Compliance of 17B
To receive last wages during the pendency of the case:
1. Is it mandatory to file an affidavit by the workman to receive back wages on the ground of unemployment?
2. If no affidavit is filed by the workman, is he entitled to receive wages?
3. To keep workmen employed, can the same company employ him and pay wages?
4. In this case, the same company employed him wef - 03.02.2018 (To avoid payment of last drawn wages under section 17B).
5. Workman during the second term of employment (para-4 above) created nuisance, indiscipline, and when the company followed the process of show cause, chargesheet, and independent Domestic enquiry, the workman has been absconding since 12 July 2019 and not responding to any communication. Can this be implied and considered 'Willful abandonment of employment'?
6. Is the company liable to pay him last drawn wages when he has abandoned employment? (in terms of high court stay order)
7. Can the company terminate his employment (para-4 above) on disciplinary grounds and recommendations of Domestic Enquiry?
8. Post-termination, is the company liable to pay him last drawn wages in terms of the high court stay?
9. Does in any way nonpayment of last drawn wages amount to contempt of court?
Response to Compliance of Section 17B under ID Act 1947
1. **Affidavit Requirement**:
- Yes, it is typically mandatory for the workman to file an affidavit to receive back wages based on unemployment grounds. This affidavit serves as a formal declaration of the workman's status and is often a standard procedure for claiming such benefits.
2. **Entitlement to Wages**:
- If the workman fails to file the required affidavit, it may impact his entitlement to receive wages. However, specific legal advice should be sought to determine the exact implications in this scenario.
3. **Employment by the Same Company**:
- The same company can employ the workman and pay wages to keep him employed. This practice is common in situations where reinstatement is ordered, and the company wishes to fulfill its obligations while maintaining employment continuity.
4. **Absconding and Willful Abandonment**:
- The workman's behavior of absconding and not responding to communication can indeed be interpreted as willful abandonment of employment, especially if it persists over a significant period. This may have implications on his entitlement to wages and employment status.
5. **Company's Liability and Termination**:
- The company may have grounds to terminate the workman's employment based on disciplinary issues and the recommendations of the Domestic Enquiry, especially considering the absconding and lack of response to communication.
6. **Nonpayment and Contempt of Court**:
- Nonpayment of last drawn wages, particularly in the context of a court order, can potentially lead to contempt of court. It is crucial for the company to adhere to the legal requirements and court directives to avoid such consequences.
It is advisable for the company to seek legal counsel to navigate the complexities of this case effectively and ensure compliance with the relevant labor laws and court orders.
From India, Indore
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