General Manager, Bhowra Area of M/s. Bharat Coking Coal Limited v. Their Workman, President Jharkhand Mines Lal Jhanda Mazdoor Union
2019-03-06
ANIRUDDHA BOSE, ANUBHA RAWAT CHOUDHARY
body2019
DigiLaw.ai
JUDGMENT : I.A. No. 6750 of 2018 1. This Interlocutory application is filed for condonation of delay of 144 days in filing the appeal. 2. We have gone through the application for condonation of delay and find that there was sufficient cause for which the appeal could not be filed within the prescribed time. 3. We, accordingly, condone the delay of 144 days in filing the appeal. 4. I.A. No. 6750 of 2018 stands disposed of. L.P.A. No. 404 of 2018 5. The appeal is against an order passed by the learned First Court in an Interlocutory Application taken out under Section 17B of the Industrial Disputes Act, 1947. The learned First Court directed the employer to pay the wages to the workman in Terms of Section 17B of the Act including arrears thereof from the date of institution of the writ petition. Admitted position is that the workman whose cause is represented by the Union (respondent) was dismissed from his service and the Central Government Industrial Tribunal No-II directed his reinstatement without backwages. That award was under challenge before the learned First Court. In the application under Section 17B of the Industrial Disputes Act, 1947 plea has been taken that the workman had not been employed during the intervening period. This has been recorded in the order under appeal itself. In such circumstances, the provision of Section 17B of the 1947 Act gets squarely applicable in the case of the concerned workman. We do not find any reason to interfere with the order of the learned First Court. 6. Appeal is accordingly dismissed. 7. However, Learned First Court is requested to hear out main writ petition expeditiously. 8. As we have addressed the main appeal itself, the stay petition (I.A. No. 6751 of 2018) shall also stand disposed of.