Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disputes Act 1947 – s.17-B |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Contempt of Courts Act, 1971 (70 of 1971) Industrial Disputes Act, 1947 (14 of 1947) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Contempt Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Industrial Disputes Act, 1947 – s.17-B – Order under – Enforcement of – Services of applicant-employee terminated by the employer-Corporation by order dtd. 01.09.1985 – Applicant raised an industrial dispute before Industrial Tribunal which answered the reference in favour of Corporation holding that applicant was not a workman within the meaning of expression “workman” – Writ petition filed by applicant, allowed – Division Bench dismissed the LPA by Corporation – SLP filed by Corporation – Vide interim order dtd. 04.05.1999 passed u/s.17B, Corporation was directed by the Supreme Court to pay to the applicant full wages last drawn by him on 01.09.1985 inclusive of maintenance allowance admissible to him – SLP allowed by Order dtd. 31.10.2000 – Present contempt petition filed by applicant alleging that interim order dtd. 04.05.1999 has not yet been complied with by the Corporation – Held: Notwithstanding the allowing of the appeal of Corporation, by Supreme Court vide order dtd. 31.10.2000, order dtd. 04.05.1999 passed in the said appeal remains legal and valid and being independent in nature, the same has to be given effect to in favour of the applicant-employee, if not found complied with by the employer-Corporation – An order passed u/s.17-B does not merge with the final order passed in the appeal and being an independent order, it remains alive for enforcement – Applicant is held entitled to claim Rs.7,50,000/- towards all his claims in full and final settlement pursuant to the order dated 04.05.1999 – Contempt of Courts Act, 1971. Industrial Disputes Act, 1947 – s.17-B – Object and Scope of – Discussed |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 197 |
Petitioner | Rajeshwar Mahto |
Respondent | Alok Kumar Gupta, G.m. M/s Birla Corporation Ltd. |
SCR | [2018] 2 S.C.R. 529 |
Judgement Date | 2018-02-23 |
Case Number | 785 |
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