SUPREME COURT OF INDIA

Before:- D.M. Dharmadhikari and B.N. Srikrishna, JJ.

SLPs (C) Nos. 19163-80 of 2003, From the Judgment and Order dated 25-3-2003 in CWPs Nos. 1309-25 of 2002 & CWP No. 7009 of 2001 of the High Court of Uttaranchal at Nainital with Nos. 24314 of 2004, 24584 of 2003, 3189, 3399, 3553, 3738, 3740, 3793, 3795, 4361, 4386, 4391, 7548, 8551-53, 10712, 13267, 13425, 13446, 13813, 13975, 15433-34, 15430, 14327, 15498, 21789-91 of 2004 and 5297 of 2005. D/d. 13.5.2005.

Uttaranchal Forest Development Corpn. and another - Petitioners

Versus

K.B. Singh and others - Respondents

Industrial Disputes Act, 1947, Section 17B - Labour Law - Applicability thereof - Award of reinstatement - Benefit of Section 17B of the act, 1947 by directing reinstatement in service can be granted only in favour of such workmen who have obtained awards in their favour - Such workmen who had directly approached the High Court for seeking relief of reinstatement, cannot be granted benefit of Section 17B because there was no evidence about their non-employment or gainful employment elsewhere after discontinuance of their services - Only such workmen in whose favour there are awards of reinstatement and who have filed affidavits of their not being in gainful employment, shall be entitled to be granted reinstatement.

[Paras 2 and 3]

ORDER

D.M. Dharmadhikari, J. - Heard learned counsel for the Uttaranchal Forest Development Corporation, the employer and learned counsel appearing for the employees.

2. The benefit of Section 17B of the Industrial Disputes Act, 1947 by directing reinstatement in service or payment of last wages drawn in lieu thereof can be granted only in favour of such workmen who have obtained awards in their favour from the Industrial Tribunal/Labour Court and in support of their claims filed affidavits. Learned counsel for the employer states that such workmen who had directly approached by writ petitions to the High Court for seeking relief of reinstatement, cannot be granted benefit of Section 17B of the Industrial Disputes Act as there was no evidence before the Tribunal or the Labour Court about their non-employment or gainful employment elsewhere after discontinuance of their services.

3. After hearing learned counsel for the parties, we direct that only such workmen in whose favour there are awards of reinstatement and who have filed affidavits of their not being in gainful employment, shall be entitled to be granted reinstatement or in lieu thereof paid wages last drawn by them on respective dates of their terminations from services. Their entitlement for such wages would be from the respective dates by filing affidavits by each of them in this Court in compliance with Section 17B of the Industrial Disputes Act, 1947.

SLPs (C) Nos. 13813, 15498, 3793, 13975, 14327, 13267, 13425 and 10712 of 2004

4. Learned counsel, as per office report, makes a statement that on the basis of service position, he seeks deletion of the names of proforma respondents. Prayer is allowed.

SLP (C) No. 4391 of 2004

5. One week's time is granted to file affidavit of service.

SLP (C) No. 15434 of 2004

6. Last opportunity is granted to serve Respondent 1 by way of dasti service.

SLP (C) No. 5297 of 2005

7. On the basis of the office report, learned counsel states that he should be permitted to effect dasti service on Respondents 8 and 12.

SLPs (C) Nos. 3399, 8553 and 13975 of 2004

8. Mr. Ashok A. Desai, learned Senior Counsel appearing on behalf of the respondents seeks permission to file affidavits on behalf of the workmen in support of their claims under Section 17B of the Industrial Disputes Act. Let the affidavits be filed within three weeks.

9. Learned counsel for the employer may file counter-affidavit in three weeks thereafter.

SLP (C) No. 24314 of 2003

10. Ms. Rachana Joshi Issar, Advocate has filed an application for segregating this matter and prays for listing the same separately.

Let that application come up on the board for orders after vacation.

.