Judgement on reinstatment of outsource workman to principle employer under i.d.act 1947 & clra 1970

if re-instatement has been ordered by Court and the employer, instead of complying with the said directions, chooses to challenge the said order, the workman is entitled to full wages last drawn by him, inclusive of any maintenance allowance admissible to him during the pendency of the said challenge by the employer.” Court noted that a point was raised by the management that since the award passed by the Labour Court was not in favour of the workman, he had no right to move an application under Section 17B of the Act. There is no provision for appeal provided in the Industrial Disputes Act against the decision of a labour court, which is in the form of an award. The Bench opined that the writ petition was only a continuation of the reference/claim originally filed by the workman before the labour court, hence, the decision of the Single Judge to reinstate the workman with 30% back wages and to consider his case for regularization as per prevalent policy, was in the nature of Award in favour of the workman. The said decision of the Single Judge had been challenged by the management, hence this Court had the jurisdiction to grant relief under Section 17B of the Industrial Disputes Act.

 

Thanks for valuable suggestion 

But suppose above matter is pending in labour court  , if you will provide the lattest judgement by sprem court / or any  high court it will be bettèr for me  in  a similar case as mentioned in earlier