1 D.B.Civil Special Appeal No.702/2008 Director, Local Bodies & ors. V/s The Judge, Labour Court No.2 and ors. 3.9.2008 Hon'ble the Chief Justice Mr.Narayan Roy Hon'ble Mr.Justice Mohammad Rafiq Mr.R.K.Sharma for the appellants. Heard learned counsel for the appellants both in limitation application and also in appeal. Delay in filing this appeal is condoned. Order passed under section 17-B of the Industrial Disputes Act by the learned Single Judge of this Court is under challenge. It is submitted by learned counsel that the concerned workmen were engaged by some contractors and as such they are working and therefore, no direction could have been issued for payment of last wages drawn by them as required under section 17-B of the Industrial Disputes Act. A reply to application under section 17-B was filed by the appellants stating therein that the concerned workmen are engaged under a contractor. No name of the contractor or establishment however was disclosed. Moreso, reply filed on behalf of the appellants was also denied by the concerned workmen by filing rejoinder to this reply. Section 17-B postulates that in case the workman, who has been directed to be reinstated and award as such has been challenged, the employer shall be liable to pay such workman, during the pendency of such proceedings in the High Court or Supreme Court, full 2 wages last drawn by him, inclusive of any maintenance allowance admissible to him under any rule if the workman had not been employed in any establishment during such period and an affidavit by such workman had been filed to that effect in such court. In the petition under section 17-B of the Act, it was stated by the concerned workmen that they are not gainfully employed. The learned Single Judge of this Court, taking into consideration these aspects of the matter, directed for payment of last wages drawn to the concerned workmen during the pendency of the writ petition. Keeping in view the facts and circumstances of the case, therefore, we do not find any merit in this appeal. This appeal accordingly is dismissed. (Mohammad Rafiq)J. (Narayan Roy)C.J. Parmar