Hon’ble Supreme Court while dealing with a petition here on 12.03.2019 in the case of “Dilip Mani Dubey v. M/s SIEL Ltd. & Anr.” stated that the proceedings under Section 17­ B of Industrial Disputes Act are independent proceedings in nature and are not dependent upon the final order passed.

BRIEF FACTS OF THE CASE

State  of  U.P. under Section 10 of the Industrial Disputes Act, 1947 made Pursuant to the industrial referenceto the Industrial Tribunal, Meerut for deciding the legality and correctness of the termination order ofthe appellant (workman) passed by respondent No.1 (employer). This was in appellant’s favour and directed his reinstatement in service with payment of back wages in Adjudication Case No.137 of 1995. 

Respondent No.1  (employer)  felt  aggrieved and filed a writ petition in the High Court of Allahabad against the aforementioned award and was successful.

Against the said order, the appellant filed a review petition which was dismissed by the High Court by order dated 05.02.2008.

Aggrieved by such order this petition was filed.

DECISION OF THE COURT

Hon’ble Court held that the proceedings under Section 17­B of Industrial Disputes Act are independent proceedings in nature and are not dependent upon the final order passed.

It was further ruled that if the Court/Tribunal, eventually upholds the termination order as being legal against the workman, yet the employer will have no right to recover the amount under sec 17-B of the ID Act.

Thus, the appeals were dismissed.

Read the full judgement here-

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