Manager, Shri 1008 Chand Prabhu Digambar Jain Atishay Kshetra Dehra Vs Babulal Yadav S/O Begraj Yadav — Rajasthan HC (2025) — LawSathi Research

Manager, Shri 1008 Chand Prabhu Digambar Jain Atishay Kshetra Dehra Vs Babulal Yadav S/O Begraj Yadav — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Payment of wages last drawn to the workman from the date of filing of the writ petition; arrears payable within 12 weeks, failing which interest @ 6% per annum accrues after expiry of the 12-week period; continued month-to-month payment of last drawn wages until the workman attains superannuation or the writ petition is decided, whichever is earlier.

Issue for consideration

Whether the conditions for grant of relief under Section 17-B of the Industrial Disputes Act, 1947 are satisfied — specifically whether the unrebutted sworn averment that the workman is not gainfully employed — so as to direct the petitioner-employer to pay the workman his last drawn wages during pendency of the writ petition.

Court's answer

With the petitioner-employer having failed to rebut the workman's sworn averment that he is not gainfully employed, all conditions necessary for grant of the order under Section 17-B of the Act of 1947 stand satisfied.

Ratio / Principle

The application under Section 17-B is allowed: the petitioner must pay the workman wages last drawn from the date of filing of the writ petition; arrears are payable within 12 weeks, failing which they carry interest @ 6% per annum after expiry of that period; and the petitioner must continue paying last drawn wages month to month until the workman attains the age of superannuation or the writ petition is decided, whichever is earlier.

Detailed headnote1 paragraphs

Rajasthan High Court, Jaipur Bench (Mahendar Kumar Goyal, J.), by order dated 21/05/2025 in S.B. Civil Writ Petition No. 6532/2023, allowed the respondent-workman's application no.1/2023 under Section 17-B of the Industrial Disputes Act, 1947. Background: an award dated 21.12.2022 of the Industrial Tribunal and Labour Court, Alwar had ordered reinstatement of Babulal Yadav with continuity of service and 50% back wages; by interim order dated 01.05.2023 this Court stayed the reinstatement and ordered the back-wage amount kept in FDR pending further orders. Since the employer-petitioner did not rebut the workman's sworn averment that he was not gainfully employed, the Court held all conditions under Section 17-B satisfied and directed the employer to pay wages last drawn from the date of filing of the writ petition, arrears within 12 weeks failing which 6% per annum interest, and continuing monthly payments of last drawn wages until superannuation or disposal of the writ petition, whichever is earlier.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 6532/2023

Manager, Shri 1008 Chand Prabhu Digambar Jain Atishay Kshetra Dehra

----Petitioner

Versus

Babulal Yadav S/o Begraj Yadav

----Respondent

For Petitioner(s)	:	Mr. Dikshant Jain for
		Mr. Siddharth Jain
For Respondent(s)	:	Mr. Jitendra Kumar Sharma

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order

21/05/2025

The matter comes up on an application no.1/2023 filed by the respondent-workman (for brevity, 'workman') under Section 17-B of the Industrial Disputes Act, 1947 (for brevity, 'Act of 1947').

Indisputably, there is an award dated 21.12.2022 in favour of the workman whereby, the learned Industrial Tribunal and Labour Court, Alwar issued a direction to reinstate him back in service with continuity in service and payment of 50% of the back wages. There is an interim order dated 01.05.2023 passed by this Court staying the operation of the award dated 21.12.2022 to the extent of reinstatement and the award amount of back wages has been directed to be kept in FDR which is not to be disbursed till order of this Court.

It is stated in the application on oath that the workman is not gainfully employed. This averment is not rebutted by the

[CW-6532/2023]

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petitioner-employer. In view thereof, all the conditions necessary for grant of the order under Section 17-B of the Act of 1947 stand satisfied.

Resultantly, the application is allowed. The petitioner is directed to make payment of wages last drawn to the workman from the date of filing of the writ petition. The arrears shall be paid within a period of 12 weeks from today failing which it shall carry interest @ 6% per annum after the expiry of period of 12 weeks. The petitioner shall further continue to pay last wages drawn on month to month basis regularly either till the workman attains the age of superannuation or till the writ petition is decided, whichever is earlier.

(MAHENDAR KUMAR GOYAL),J

PRAGATI/92