Industrial dispute
PRADEEP KUMAR SHARMA
(Querist) 15 November 2011
This query is : Resolved
Sir
In our company one of our staff was terminated with all proceeding,now the matter is pending with High Court of Gujarat.But under section 17b he entered to company.Now question is that can Union will declare him as a Protected workmen because we have received a letter from Union in this letter they declare him the Protected workmen.
Pradeep Sharma
Guest
(Expert) 15 November 2011
You may please need to clarify the following points:
1) What was the award of the Labour Court or Tribunal, whether the employee was ordered to be reinstated?
2) Whether the position of the company in the case with HC is of petitioner or defendant?
3) Whether the worman is the executive member or an office bearer of the trade union? If so, whether he became executive member or office bearer before or after his termination?
4) What wages he used to draw before termination?
Rajeev Kumar
(Expert) 15 November 2011
Yes i totally agree with Dhingra sir
Kirti Kar Tripathi
(Expert) 15 November 2011
17-B is applicable only when the termination is set aside by the Labour Court/Tribunal and said award is challenged in High Court or Supreme Court. Once Award is challenged and the termination is still under question as such he can not be deemed in the employment of employer and once a person, who is not in the employment of an employer, how he can be declared as an protected workman under I.D. Act.The employer ought to have raised this objection before the Concerned Officer of Labour Department in writing and in case, it objection is overruled or not considered, the same should be challenged by filing writ petition before the Hon'ble High court.
Kirti Kar Tripathi
(Expert) 15 November 2011
One more thing I want to know that said he entered under Section 17-B. But 17-B does prescribes to give employment of an employee in the establishment during the pendency of the proceedings before the High court. It simply prescribes that the workman, in whose favour award is made is entitled for the last wage drawn by him during the pendency of the proceedings, in case, the award is challenged in higher courts. So please clarify this position.
PRADEEP KUMAR SHARMA
(Querist) 15 November 2011
Sir,
As our Expert Mr PS Dhingra has required some clarification
1.The Labour Court awarded reinstatement with 75% back wages.
2.Being aggrieved by the said order of the Labour Court,the company challenged the same before Hon'ble High Court as petitioner.The Hon'ble High Court admitted the petition of the company and stayed the execution +implementation of Labour Court order till final disposal of the petition but order for compliance of section 17B of the ID Act.Accordingly Company reinstated the employee on the post last hold by him.
3.Before his termination his gross wage was Rs.3093/-PM which was the above minimum of Gujarat in year.2000.
Regards.
Pradeep Sharma
Kirti Kar Tripathi
(Expert) 15 November 2011
Your Company itself has created a problem for itself. When the Hob'ble Court ordered for only compliance of Section 17-B, what was need to reinstating him. One more illegality your company is committing as after reinstatement you are paying him only last pay drawn. Once a person is reinstated and is taken work, he is entitle for full wages for the post. Payment of last pay drawn under the garb of Court's order of compliance of 17-B is not only illegal but amounts to unfair Labour Practice.
Guest
(Expert) 15 November 2011
Dear Pradeep,
Irrespective of whether the worker has been declared or not protected worker, you are required to comply with the provisions of Sec.17B of the ID Act. Had you carried out the orders of the labour Court you would have been liable to pay only 75% of back wages.
Raj Kumar Makkad
(Expert) 15 November 2011
Pradeep is still silent despite of raising various questions by experts. Open you mouth dear if you want accurate reply. Bhagwan jagiye na.....
PRADEEP KUMAR SHARMA
(Querist) 15 November 2011
Respected Sir
As our expert Mr Kirti Kar Tripathi is correct but at present the staff is getting Rs.8051/-PM which is above minimum wage of Govt of Gujarat i.e Rs5479/-.
Regards
pradeep Sharma
