BRIEF ON CASE
Employed by company wef – 25.5.2011
Terminated by company on disciplinary grounds during probation period wef – 24.4.2013
Workman filed court case against termination in Industrial Court – 23.06.2016
Industrial Court passed judgment of ‘Re-instatement with full back wages dated 31.5.2017.
Industrial Court judgment challenged and petition filed in High Court on 02.01.2018.
High Court granted stay against Ind. Court Judgment subject to compliance of section 17B of Id Act 1947 dated 05.01.2018
Compliance of 17B;-
To receive last wages during pendency of case;
1. Is it mandatory to file affidavit by workman to receive back wages on ground of unemployment?
2. If no affidavit filed by workman is he entitled to receive wages?
3. To keep workmen employed, can same company employ him and pay wages?
4. In this case same company employed him wef – 03.02.2018 (To avoid payment of last drawn wages under section 17B).
5. Workman during second term of employed (para-4 above) created nuisance, indiscipline and when company followed the process of showcause, chargesheet and independent Domestic enquiry, workman absconding since 12 July 2019 and not responding to any communication. Can this be implied and considered ‘Willful abandonment of employment” ?
6. Does company liable to pay him last drawn wages when he has abandoned employment? (in terms of high court stay order)
7. Can company terminate his employment (para-4 above) on disciplinary grounds and recommendations of Domestic Enquiry?
8. Post termination, is company liable to pay him last drawn wages in terms of high court stay?
9. Does in any way nonpayment of last drawn wages shall amount to contempt of court?
Employed by company wef – 25.5.2011
Terminated by company on disciplinary grounds during probation period wef – 24.4.2013
Workman filed court case against termination in Industrial Court – 23.06.2016
Industrial Court passed judgment of ‘Re-instatement with full back wages dated 31.5.2017.
Industrial Court judgment challenged and petition filed in High Court on 02.01.2018.
High Court granted stay against Ind. Court Judgment subject to compliance of section 17B of Id Act 1947 dated 05.01.2018
Compliance of 17B;-
To receive last wages during pendency of case;
1. Is it mandatory to file affidavit by workman to receive back wages on ground of unemployment?
2. If no affidavit filed by workman is he entitled to receive wages?
3. To keep workmen employed, can same company employ him and pay wages?
4. In this case same company employed him wef – 03.02.2018 (To avoid payment of last drawn wages under section 17B).
5. Workman during second term of employed (para-4 above) created nuisance, indiscipline and when company followed the process of showcause, chargesheet and independent Domestic enquiry, workman absconding since 12 July 2019 and not responding to any communication. Can this be implied and considered ‘Willful abandonment of employment” ?
6. Does company liable to pay him last drawn wages when he has abandoned employment? (in terms of high court stay order)
7. Can company terminate his employment (para-4 above) on disciplinary grounds and recommendations of Domestic Enquiry?
8. Post termination, is company liable to pay him last drawn wages in terms of high court stay?
9. Does in any way nonpayment of last drawn wages shall amount to contempt of court?