1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION (CAW) NO.1562 OF 2009 IN WRIT PETITION NO.5405 OF 2006. The Executive Engineer, Public Works Division, Wardha. .... PETITIONER. // VERSUS // M.D. Sidam, Aged about 35 years, R/o. Adegaon, Tq. Deoli, District : Wardha. .... RESPONDENT. -------------------------------------------------------------------------------------------------------------------------- Shri T.R.Kankale, A.G.P. for Petitioner. Shri S.A.Kalbande, Advocate for Respondent/Applicant. -------------------------------------------------------------------------------------------------------------------------- CORAM : R.C.CHAVAN, J. DATED : SEPTEMBER 15, 2009. ORAL ORDER: 1. This application by respondent seeks directions under Section 17-B of the Industrial Disputes Act to the petitioner to pay current wages from the date of award i.e. 24.08.2005 during pendency of the petition. By award dated 24.08.2005 the applicant was directed to be reinstated with continuity of 2 service but without back wages. The petition by employer was admitted on 12.01.2007. In this case though the petitioner had agreed to reinstate the respondent when the petition was admitted by this Court the respondent complaints that he has not been so reinstated. 2. While deciding Civil Application No.1561 of 2009 in Writ Petition No. 5401/2006 today this Court has held as under : “In view of the foregoing I hold as under : (a) Whenever an award directing reinstatement of the workman is stayed by this Court such workman would be entitled to relief under Section 17-B of the Act. (b) Such workman shall be entitled to the wages actually last drawn by him at the time of his termination and not the wages which he could have or should have or ought to have drawn on the date of his termination or on the date of award or at any subsequent point of time. (c) Such wages shall mean the wages as defined in Section 2(rr) of the Industrial Disputes Act. The workman shall be entitled to all the items included in Clause (rr) and it shall not be open to deduct any allowance included in clause (rr) on the ground that it related to discharge of duties by the workman, or was meant to facilitate discharge of duties by the workman. (d) A workman would not be disentitled to relief under Section 17B of the Act merely because the workman is working somewhere else unless it is shown that such employment is adequately remunerating him to enable him to sustain livelihood. An affidavit by workman that he is not gainfully employed would be enough. 3 (e) Such relief would be admissible from the date from which enforcement of award is stayed (as distinguished from the date on which order staying award is passed). (f) Relief under Section 17B shall continue till the disposal of the petition or the normal date on which the workman would have attained superannuation, whichever is earlier. 3. In view of this, the application is allowed in the above terms. JUDGE RR.