State's Delay in Filing Writ Petition Cannot Preclude Workman's Entitlement Under Industrial Disputes Act, 1947
In a significant ruling, the Himachal Pradesh High Court has upheld the decision of the learned Single Judge directing the State to pay full wages last drawn to a workman, Bir Singh, amidst ongoing litigation. The Division Bench, comprising Chief Justice G.S. Sandhawalia and Justice Bipin Chander Negi, emphasized the beneficial nature of Section 17-B of the Industrial Disputes Act, 1947, which mandates the payment of full wages to a workman during the pendency of proceedings in higher courts.
The case revolved around the appellant, State of Himachal Pradesh, challenging an interim order that required it to pay Bir Singh, a daily wage casual laborer, full wages last drawn from the date of an award by the Industrial Tribunal. The tribunal had ordered Bir Singh's reinstatement after finding his termination in 2010, without compliance with the Industrial Disputes Act, to be unlawful.
The State argued that the workman's entitlement should commence only from the date of filing the necessary affidavit, as per Section 17-B, and not from the date of the award. However, the court dismissed this contention, noting the State's considerable delay in filing the writ petition, which was only initiated four years after the tribunal's award.
The judgment underscored that the purpose of Section 17-B is to alleviate the hardship caused to workmen due to delays in the implementation of awards. The court ruled that procedural delays on the part of the employer should not prejudice the workman. The State's failure to provide a satisfactory explanation for the delay in filing the writ petition could not be used to deny the workman his entitled wages.
The court also highlighted that the workman had filed his application under Section 17-B promptly after the State obtained a stay on the tribunal's award, reinforcing that the State's actions should not disadvantage the workman.
The decision reaffirmed the principle that beneficial legislation, such as the Industrial Disputes Act, should not be interpreted strictly against the interests of workmen. The court's ruling ensures that the workman, Bir Singh, will receive full wages from the date of the award until the litigation concludes, barring any proof of gainful employment during that period.
Bottom line:-
Section 17-B of the Industrial Disputes Act, 1947 mandates payment of full wages last drawn during the pendency of proceedings in higher courts, provided the workman is not gainfully employed and files an affidavit to that effect. Employers cannot exploit procedural delays to deny the workman his rightful benefits.
Statutory provision(s): Industrial Disputes Act, 1947 - Section 17-B
State of HP v. Bir Singh, (Himachal Pradesh)(DB) : Law Finder Doc id # 2947132
