Section 17B of IDA : Section 17B: Payment Offull Wages To Workman Pending Proceedings In Higher Courts

Explanation using Example

Imagine a scenario where an employee, Mr. Sharma, was unjustly dismissed from his job at XYZ Pvt. Ltd. He challenged his dismissal at a Labour Court, which ruled in his favor and ordered his reinstatement. However, XYZ Pvt. Ltd. decided to appeal this decision in the High Court.

According to Section 17B of The Industrial Disputes Act, 1947, while the appeal is pending in the High Court, XYZ Pvt. Ltd. is required to pay Mr. Sharma the full wages he was earning before his dismissal. This obligation continues until the High Court reaches a decision, provided Mr. Sharma has not found alternative employment in the meantime and has submitted an affidavit to the court confirming this.

If, however, XYZ Pvt. Ltd. can prove that Mr. Sharma found another job during this period and was earning an adequate salary, the High Court may rule that Mr. Sharma is not entitled to these wages for the time he was employed elsewhere.