1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2229 OF 2008 CIVIL APPLICATION NO.2229 OF 2008 CIVIL APPLICATION NO.2229 OF 2008 in in in WRIT PETITION NO. 5800 OF 2007 WRIT PETITION NO. 5800 OF 2007 WRIT PETITION NO. 5800 OF 2007 Shri P.T.Manjrekar .... Applicant Vs. 1.M/s Punjab State Container & Warehousing Corporation Ltd 2.Gateway Distriparks Ltd ... Respondents ... Mr.C.U.Singh as Amicus Curie Mr.P.T.Manjrekar in person Mr.Kiran Bapat a/w Mr.Jayesh Desai i.b Desai & Co for Respondent no.1 Mr.R.S.Pai a/w Ms Soumya Srikrishna with Mr.Kumudini Shinde i.b Tijoriwalla & Co for Respondent no.2. CORAM : S.A.Bobde, J CORAM : S.A.Bobde, J CORAM : S.A.Bobde, J DATED : 5th March, 2009 DATED : 5th March, 2009 DATED : 5th March, 2009 P.C. P.C. P.C. 1. This is an application under section 17B of the Industrial Disputes Act. 2. I have heard learned counsel appearing for the parties as well as Mr.C.U.Singh learned Amicus Curie. 3. The subject matter of the present writ petiion is the termination of the applicant’s services on 20th December 2003. The learned Court has passed an award of 9th December 2007 reinstating with back wages. There is no dispute that back wages have been paid to the applicant. The respondent 2 Punjab State Container and Warehousing Corporation Ltd has challenged the award. Gateway Distriparks Ltd has been joined as a respondent to that petition since apparently the latter has taken over the operations and management from the Punjab State Container and Warehousing Corporation Ltd. However, there is no take over of the applicant’s services by Gateway Distriparks Ltd and admittedly he has not worked under Gateway Distriparks Ltd. 4. After the petition was filed, this Court issued rule and granted stay on 28th August 2007. Thereafter, the applicant was asked by Punjab State Container and Warehousing Corporation Ltd to return to for duties at Chandigarh in Punjab State Container and Warehousing Corporation Ltd and since the applicant did not do so, they issued an order dated 29th August 2008 notionally reinstating him from the date of the award and also issued fresh termination of his services. 5. The applicant has prayed for wages under section 17B of the Industrial Disputes Act from 25th July 2007 i.e. filing of the writ petition from which date the proceedings could be said to be pending in this Court up to date. Mr.C.U.Singh, the learned Amicus Curie, submitted that Punjab State Container and Warehousing Corporation Ltd is bound to pay wages under 3 section 17B from the date of filing of the writ petition in any case up to 25th September 2008 i.e. till the date the applicant’s services were terminated. He further submitted that the respondent no. 1 Punjab State Container and Warehousing Corporation Ltd is liable to pay wages from the date of the award i.e. 9th February 2007 till the date of the filing of the writ petition since an employer is not entitled in law to relieve himself of his wages by choosing to challenge the award belatedly. He he delays the challenge he must pay wages according to the learned counsel for the period from the date of the award till he challenges the award to this Court and makes the matter subjudice for the purpose of liability for applicability of section 17B. 5. Mr.Bapat, learned counsel for Punjab State Container Warehousing Corporation Ltd submitted that the said respondents have terminated services of the applicant with effect from the date of the award dated 9th February 2007 and therefore, there is no liability to pay wages under section 17B of the Act even though the present petition is pending. This contention does not appear to be well founded in the face of the termination order which reinstates the applicant in service with effect from the date of the award dated 9th 4 February 2007. However, the order does not purport to terminate his services from the date of the award but, states as follows : "Since we have no work available at Navi Mumbai and the transfer company has shown its discrimination to allow you to join duties, your services stand terminated in accordance with provisions of Industrial Dispute Act, 1947 " 6. Prima facie, this cannot be read as termination with effect from the date of the award. 7. In the circumstances, it is obvious that the respondent-Punjab State Container and Warehousing Corporation Ltd is liable to pay full wages last drawn by the applicant till the fresh termination of the services of the applicant on 29th September 2008 for a period from the date of the filing of this writ petition i.e. 25th July 2007 up to 29th September 2008. In addition, I hold that the respondent is also liable to pay full wages, de hors section 17B for the period prior to the filing of the petition i.e. from the date of the award of reinstatement till the filing of the writ petition since it would not be appropriate to drive a workman to have this claim adjudicated before a separate forum particularly when the facts are not in dispute as in the present case. 5 8. In this view of the matter, application is allowed. The respondent-Punjab State Container and Warehousing Corporation Ltd is directed to pay wages for the period from 9th February, 2007 to 25th July, 2007. Further, the said respondents are directed to pay full wages last drawn from 25th July, 2007 to 29th September, 2008 i.e. the date of termination. Order accordingly. Application disposed of. This Court appreciates the services rendered by Mr.C.U.Singh, Senior advocate as amicus curiae in this matter. { S.A.Bobde, J } { S.A.Bobde, J } { S.A.Bobde, J }