1 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3338 OF 2009 IN APPEAL NO. 469 OF 2008 IN W.P.NO. 1304 OF 2007 United Motors (India) Ltd. ..Appellant Vs. Shri.Pradeep Raghunath Rane ..Respondent .... Mr. K.M.Naik i/by M.S.Paranjape for Appellant Mr. Shailesh S.Pathak for Respondent-Applicant .... CORAM : B.H.MARLAPALLE AND SMT.V.K.TAHILRAMANI, JJ. DATE :5th MARCH, 2010 P.C.: 1 Heard Mr. Pathak, the learned counsel for the Applicant- workman and Mr. Naik, the learned counsel for the Respondent- Company. 2 This Motion has been taken out by the workman praying for directions to allow him to withdraw the amount of arrears deposited by 2 the Appellant-Employer pursuant to the order passed by this Court on 22nd August, 2008 while condoning the delay and allowing the Notice of Motion No. 1022 of 2008. 3 In Writ Petition No. 1304 of 2007 the Award passed by the Labour Court directing reinstatement with 50% back wages, has been challenged and the petition has been admitted. Notice of Motion No. 400 of 2007 was taken out by the workman in the said petition praying for the benefit of Section 17-B of the Industrial Disputes Act, 1947. He stated that his last drawn salary was Rs.4000/- per month and therefore, he should be paid wages at that rate pending the Appeal. 4 The said Motion was allowed on 5th September, 2007 by the learned Single Judge, in terms of prayer clause (a). The said prayer clause (a) reads as under: “This Honourable Court may be pleased to direct the Petitioner to pay full wages under Section 17-B of the Industrial Disputes Act, 1947 to the Respondent-workman on or before 7th day of each month. ” 3 5 The Labour Court has directed reinstatement with 50% back wages with effect from 6th June, 1992 and the consequent benefits. This Court while allowing Notice of Motion No. 1022 of 2008 condoned the delay on the condition that within a period of two weeks the entire arrears be deposited in this Court and regular monthly salary/wages would be paid to the workman from 1st September, 2008. Appeal No. 469 of 2008 challenging the order passed by the learned Single Judge on 5th September, 2007 has been admitted on 19th January, 2009. 6 Having regard to the scheme of Section 17-B of the Industrial Disputes Act, it is clear that the last drawn wages are payable to the workman only from the date when the Award of reinstatement passed in his favour is stayed by the High Court and we are informed across the bar that the said Award has been stayed by the learned Single Judge on 17th July, 2007. Hence, at best, the workman would be entitled to claim wages as per Section 17-B of the Industrial Disputes Act from 1st August, 2007 and not for the earlier period. Mr. Naik states across the bar that as directed by this Court vide its order dated 22nd August, 2008, the Applicant-workman is being paid the last drawn wage of Rs.4000/- per month from 1st September, 2008. It was also submitted by Mr. Naik that 4 there is sufficient evidence adduced before the Labour Court to point out that the Appellant-establishment was closed in the year 2002 itself as all the workmen on the rolls at that time, had accepted voluntary retirement pursuant to the settlement between the management and the union and therefore, there was no case of reinstatement of the Applicant-workman. He relied, in support of his contention, upon the decision of the Constitution Bench in the case of Banaras Ice Factory, Ltd. Vs. Their Workmen [ 1957 (I) L.L.J. 253]. 7 The order passed by this Court on 22nd August, 2008 is clear and states that the arrears amount shall be deposited with the Registry and the regular monthly salary/wages would be paid to the Applicant from September, 2008 and there is no dispute that the said wages are being paid to him as of now. Hence, this Motion must fail and the same is hereby rejected. The amount deposited is directed to be invested in a fixed deposit with a nationalized bank initially for a period of two years and to be renewed thereafter if the appeal remains pending. [ SMT.V.K.TAHILRAMANI, J.] [ B.H.MARLAPALLE, J. ]