JUDGMENT 1. 1. Application seeking condonation of 129 days delay in filing this appeal has been put up for consideration but counsel for the parties agreed that the appeal itself may be finally disposed of. 2. Delay condoned. 3. This appeal is directed against the order of the learned Single Judge dated 4.1.2006 in S.B. Civil Writ Petition No. 372/2005 dismissing the application under section 17B of the Industrial Disputes Act preferred by the appellant. 4. The writ petition filed by the State arises from an award of the Labour Court directing reinstatement of the appellants. Section 17B of the Act lays down that in any case where the Labour Court etc. directs reinstatement of any workman and employer prefers proceeding in the High Court or the Supreme Court, the employer shall pay during pendency of such proceeding in the High Court or Supreme Court full wages last drawn by him inclusive of any maintenance allowance admissible under the rules, if any, if workman files affidavit that he has not been in employment in any establishment during this period. Affidavit to this effect was filed. The learned Single Judge took the view that it is open to the appellants to get the award implemented and on this logic rejected the application of the appellants. We are afraid, the view is contrary to the express provisions of section 17B of the Act. Section 17B mandates payment of wages in case the employer challenge the award of reinstatement passed by the Labour Court. It is not necessary for the workman to get the award implemented for the purpose of pendente lite wages in the High Court or the Supreme Court, as the case may be. No counter affidavit denying the claim of the appellants that he was not in gainful employment was filed by the respondents. It may be relevant to mention that in similar cases, such as, in the case of Ghewar Ram & anr., D.B. Civil Special Appeal No. 191/2006, identical order of the learned Single Judge was set aside by the Division Bench on 19.4.2006. 5. In the above premises, the impugned order dated 4.1.2006 is set aside with a direction to the respondents to pay wages last drawn by the appellants as per section 17B of the ID Act.The Appeal stands disposed of.Appeal Disposed of as Above. *******