Research › Search › Judgment

Himachal Pradesh High Court · body

2016 DIGILAW 2405 (HP)

State of H. P. v. Rakesh Kumar

2016-11-15

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

body2016
JUDGMENT : Mansoor Ahmad Mir, J. This Letters Patent Appeal is directed against the order, dated 19th August, 2015, passed in CMP No.7560 of 2015, (filed in CWP No.7122 of 2012), by the learned Single Judge of this Court, whereby application under Section 17 (B) of the Industrial Disputes Act, 1947 (for short, the Act), came to be determined. 2. During the course of hearing, Mr.Anup Rattan, learned Additional Advocate General, submitted that the Writ Court has fallen into an error in granting wages from 16th August, 2012, whereas the same were to be granted from the date of filing of the affidavit in terms of Section 17 (B) of the Act. In support of his submission, he has relied upon the decision of the Apex Court in Uttaranchal Forest Development Corpn. and Another vs. K.B. Singh and others, (2005) 11 SCC 449 . 3. We are in agreement with the submission made by the learned Additional Advocate General that benefits under Section 17 (B) of the Act are to be granted from the date of filing of the affidavit. 4. At this stage, the learned counsel for the respondent stated that the main writ petition filed by the appellant-State has already been dismissed and the writ respondent is entitled to the benefits as per the award passed by the Labour Court. 5. In view of the above stated position, the instant appeal has become infructuous and the same stands disposed of as such alongwith pending CMPs, if any.