Section:17-B :Payment of Wages Pending Proceedings In Higher Courts
Obligation : To pay full wages to workmen who have been reinstated by an award, where the employer appeals against the award
Type:Trigger
Frequency: Quarterly
Action to be taken:
Where a Labour Court, Tribunal or National Tribunal, by its award, directs reinstatement of any workman, and the employer prefers to appeal against the award in a High or Supreme Court, the workman is to be paid full wages last drawn by him, inclusive of any maintenance allowance due to the workman, during the pendency of the proceedings. No wages need to be paid for a period if it can be proved to the court that the workman had been employed at adequate remuneration during any such period
Audit Requirement: Where the employer has initiated proceedings against a reinstatement award, has the workman been paid full wages during the pendency of proceedings ?
Supporting Documents: Details Of Such Cases and Payments Made
Related Sections:
Industrial Disputes Act, 1947 Chapter:Procedure, Powers and Duties of Authorities|17-B:Payment of full wages to workman pending proceedings in higher courts:
Where in any case a Labour Court, Tribunal or National Tribunal by its award directs reinstatement of any workman and the employer prefers any proceedings against such award in a High Court of the Supreme Court, the employer shall be liable to pay such workman, during the period of pendency of such proceedings in the High Court or the Supreme Court, full 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 :
Provided that where it is proved to the satisfaction of the high Court or the Supreme Court that such workman had been employed and had been receiving adequate remuneration during any such period or part, as the case may be.]
Industrial Disputes Act, 1947 
