For know about 17(b) in industrial labour law in a.p
noor
(Querist) 23 August 2011
This query is : Resolved
i am petitioner in id-- and there are 16 members more they also file difrent id and we get somde oder and same is respndent go appeal in high court for stay and they succeeded but on condition they have pay the throgh 17(B) when we going to file mp behailf of all in one mp can we filr like that . and also we filing this mp after 9 years is there any problem
it is urgent tell me
Advocate Rajkumarlaxman
(Expert) 24 August 2011
17B. Payment of full wages to workman pending proceedings in higher courts. Where in any case, a Labour Court, Tribunal or National Tribunal by its award directs reinstatement of any workman and the employer prefers any proceedings against such award in a High Court or the Supreme Court, the employer shall be liable to pay such workman, during the period of pendency of such proceedings in the High Court or the Supreme Court, full wages last drawn by him, inclusive of any maintenance allowance admissible to him under any rule if the workman had not been employed in any establishment during such period and an affidavit by such workman had been filed to that effect in such Court:
Provided that where it is proved to the satisfaction of the High Court or the Supreme Court that such workman had been employed and had been receiving adequate remuneration during any such period or part thereof, the Court shall order that no wages shall be payable under this section for such period or part, as the case may be.]
A. A. JOSE
(Expert) 24 August 2011
Whenever the employer challenges an Award, of a Labour Court/Industrial Tribunal/NT for reinstatement of workman, in the superior Court, e.g. High Court,unless the employer produces concrete evidence of gainful employement elsewhere by the workman concerned,he is obliged to make payment of full last drawn wages to the workman provided that the workman filed requisite affidavit in the Appellate Court. For this purpose, in the normal course, the workman concerned moves an application in the Appellate Court concerned as soon as he learns about appeal proceedings having been initiated by the employer.
RK Agrawal
(Expert) 24 August 2011
i am agree with aa jose that you have to file affidavit in high court that you are not earning from another employer. than in case you will get the wage as per last drawn or minimum wages whichever is highter.
noor
(Querist) 24 August 2011
i am respondent in high court and court direct the petitioner to suspension order to comply 17(b) where as i file mp in lower court after 8 years and same my case is pendig before high court i file mp in labour court where court direct me to file ep itis correct procedure tell meit is very urgent
M V Gupta
(Expert) 26 August 2011
You have stated that the HC granted stay of the judgement and order passed by the Labour court and directed the appellant to comply with Sec. 17B of the ID Act.(Pl check the order) As the Employer failed to pay the wages as provided in Sec 17B, you should take necessary steps in the HC iteself as advised by the experts above.
