1 CAW No.2146.10 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2146 OF 2010 IN WRIT PETITION NO. 2094 OF 2009 Mr.S.K.Rane ... Applicant v/s Nehru Science Centre ... Respondent Mr.Jaiprakash Sawant for the applicant. Ms Shubha Kher with Mr.Anupam Surve for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 8TH OCTOBER, 2010 P.C.: 1. The civil application has been filed for claiming wages under Section 17B of the Industrial Disputes Act (in short, “the I.D.Act”). The respondent, the applicant herein, was terminated from service. He challenged the termination order before the Central Government Industrial Tribunal (in short, “the C.G.I.T.”). The Tribunal granted reinstatement with continuity of service and 50% back wages. Aggrieved by the decision, the employer has filed the present petition. 2 CAW No.2146.10 Rule was issued on 9.12.2009 in the petition. 2. In the civil application, the applicant has contended that he has not been gainfully employed after his services were terminated and in any case after the petition was admitted on 9.12.2009. 3. An affidavit has been filed in reply to the civil application on 1.9.2010. The respondent in the civil application has stated that the applicant is not entitled to wages because he is a television artist. 4. A rejoinder has been filed by the applicant disclosing in para 2 that he is not a television artist. However, he is invited to Doordarshan, Mumbai, to judge the competitions held on the television for folk dances. He is paid an honorarium, depending on the days he judges those competitions. The honorarium paid to him is `1000/- per programme and he sometimes is able to get an assignment on 2 to 4 occasions in a month. He has further stated that it is not in every month that he is offered this assignment and, therefore, he should be paid wages under Section 17B of the I.D. Act. 3 CAW No.2146.10 5. Section 17B stipulates that, once an award has been stayed by this Court, the Court can grant full wages last drawn by the workman to him, during the pendency of the petition, provided the workman is not employed in any establishment during such period. An affidavit to that effect must be filed by the workman. 6. It is submitted on behalf of the respondent in the civil application, i.e. the original petitioner, the fact that the workman is invited to the Doordarshan Kendra to judge the competitions where he earns an honorarium, would indicate that the applicant is not entitled to wages under Section 17B. It is submitted that the workman has stated that he earns `1000/- as honorarium and, therefore, no wages are payable to him under Section 17B. It is further submitted that the applicant has not approached this Court with clean hands. No disclosure was made by him about his earnings on the Doordarshan Kendra. 7. Section 17B prescribes that full wages last drawn need not be paid if a workman is “employed in any establishment”. To judge competitions held in the Doordarshan Kendra on some occasions in a month, in my opinion, is not an “employment in an establishment”. There is no material to 4 CAW No.2146.10 show that there is a master and servant relationship between the applicant and the Doordarshan Kendra or any other establishment. In these circumstances, it cannot be said that the applicant is employed in any establishment. Therefore, the applicant would be entitled to wages under Section 17B of the I.D.Act. 8. Accordingly, the civil application is granted in terms of prayer clause (a). ..... 5 CAW No.2146.10