Bhakra Beas Management Board vs Deep Ram Sharma And Another on 27 January, 2009

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH
                                C.M. Nos. 8795 and 8796 of 2008 in
                                     C.W.P. No. 2966 of 2005.
                               Date of Decision : January 27, 2009.

Bhakra Beas Management Board                              ...... Petitioner.

                                     Versus

Deep Ram Sharma and another                               ...... Respondents.


CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH.

Present:      Mr. N.S. Bawa, Advocate,
              for the applicant-petitioner.

              Mr. O.P. Batra, Advocate,
              for the non applicant-respondents.

AUGUSTINE GEORGE MASIH, J.

C.M. No. 8795 of 2008.

C.M. stands allowed as prayed for.

C.M. No. 8796 of 2008.

This application has been preferred by the petitioner wherein

prayer for staying of the impugned order dated 16.04.2007 (Annexure-A-2)

has been made. An application under Section 33 C(2) of the Industrial

Disputes Act was filed by respondent No. 1 workman in the Labour Court,

claiming the benefit of provisions of Section 17-B with effect from the date

of award i.e. 02.09.2004 to till the date of filing of the writ petition i.e.

22.02.2005. The Labour Court was pleased to grant the said relief vide

impugned order dated 16.04.2007. The application-petitioner submits that

the non applicant-respondent No. 1 workman is not entitled to the benefit of

Section 17-B of the Act i.e. last wages drawn prior to the date of filing of the

Writ Petition in the light of the provisions contained in Section 17-B of the
C.W.P. No. 2966 of 2005. -2-

Act which says that the benefit of Section 17-B of the Act shall flow during

the period of pendency of such proceedings in the High Court or the

Supreme Court.

I have in a detailed order of even dated in C.M. No. 11084 of

2008 in C.W.P. No. 10546 of 2004 titled M/S Yamuna Gases and

Chemical Limited Versus Satnam Singh and Others, held that it is the

discretion of the Court to grant the benefit of Section 17- B of the Industrial

Disputes Act fixing a date therein as to from which date the benefit of

Section 17-B is to be granted. I have further held that where the Court does

not specify the same, it would be taken as from the date of the award in the

light of the fact that Section 17-B is a beneficial provision which acts as a

subsistence allowance as held by Hon’ble the Supreme Court in the cases of

Dena Bank Versus Kirti Kumar T. Patel, A.I.R. 1998 S.C. 511, and

Regional Authority, Dena Bank Versus Ghanshyam, A.I.R. 2001 S.C.

2270.

In the light of the above, this application deserves to be

dismissed.

So ordered.

(AUGUSTINE GEORGE MASIH)
JUDGE

January 27,2009.

sjks.