Service case against co op bank and industrial Court Order
9 months ago
I have win my service case against co op bank and industrial Court Order me to join duty with reinstated and full back wages since 2006.but bank management asked me to wait for the reason as they want board of directors meeting in this regard.can bank stop me from joining me mine duties and is not against the court.plz guide
A.Dear client,
An award (including an arbitration award) becomes enforceable when thirty days have passed since the day it was published under Section 17 of the Industrial Disputes Act, 1947, according to Section 17A of the Act. According to the enquiry, an Order issued by the Industrial Tribunal in 2006 is currently enforceable under Section 17A of the Act. According to Section 17B of the Act, if a Labour Court, Tribunal, or National Tribunal orders the reinstatement of any employee and the employer files a lawsuit against the decision in a High Court or Supreme Court, the employer will be responsible for paying the employee while the lawsuit is pending. You should file a complaint with the relevant Labour Commissioner against the Bank for failing to comply with the Tribunal's Order, which has been in effect since 2006, in order to obtain the proper redress in the matter.
An award (including an arbitration award) becomes enforceable when thirty days have passed since the day it was published under Section 17 of the Industrial Disputes Act, 1947, according to Section 17A of the Act. According to the enquiry, an Order issued by the Industrial Tribunal in 2006 is currently enforceable under Section 17A of the Act. According to Section 17B of the Act, if a Labour Court, Tribunal, or National Tribunal orders the reinstatement of any employee and the employer files a lawsuit against the decision in a High Court or Supreme Court, the employer will be responsible for paying the employee while the lawsuit is pending. You should file a complaint with the relevant Labour Commissioner against the Bank for failing to comply with the Tribunal's Order, which has been in effect since 2006, in order to obtain the proper redress in the matter.
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A.Dear Client,
Under Section 17A of The Industrial Disputes Act, 1947 an award (including an arbitration award) shall become enforceable on the expiry of thirty days from the date of its publication under Section 17 of the Act. From the query, it appears that Order was passed by the Industrial Tribunal in the year 2006 which is already enforceable under Sec.17A of the Act. As per Sec.17B of the Act, 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 or 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 thereof, the Court shall order that no wages shall be payable under this section for such period or part, as the case may be. In the prevailing situation, even it is too late you should make a complaint to the concerned Labour Commissioner against the Bank for non-implementation of the Order of the Tribunal which is enforceable since 2006 for appropriate relief in the matter.
Under Section 17A of The Industrial Disputes Act, 1947 an award (including an arbitration award) shall become enforceable on the expiry of thirty days from the date of its publication under Section 17 of the Act. From the query, it appears that Order was passed by the Industrial Tribunal in the year 2006 which is already enforceable under Sec.17A of the Act. As per Sec.17B of the Act, 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 or 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 thereof, the Court shall order that no wages shall be payable under this section for such period or part, as the case may be. In the prevailing situation, even it is too late you should make a complaint to the concerned Labour Commissioner against the Bank for non-implementation of the Order of the Tribunal which is enforceable since 2006 for appropriate relief in the matter.
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