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nagarajan R (cashier)     06 March 2022

Interim amount during appeal

my age 65. high court single judge dismissed bank petition and treat the dismissal as void and pay me the arrears etc within 3 months.

but bank went on appeal and stay order against this. can i claim interim payment under sec 17B of indusrral disputes act.

high court cant order to reinstatement as i am now 65 age but treat my dismissal as void and to pay all arrears.

clarify me



Quick Summary
If your dismissal was deemed void by a single judge but the bank has appealed and obtained a stay order, you may be able to claim interim payment. Section 17B of the Industrial Disputes Act allows for such claims, especially given your age of 65. However, any interim payment or compensation can typically only be claimed after the stay order is lifted or the appeal is decided in your favour.

 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     06 March 2022

Hello,

Yes, you can claim interim payment u/s 17B of Industrial Disputes Act in the court. Court can order to pay the full arrears and compensation as you are now 65 years of age in case your dismissal is ordered as void. 

Dr J C Vashista (Advocate)     07 March 2022

You can claim interim or any other payment only after vacation of stay order and/ or final decision of appeal in your favour.


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