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    Bhawani Cotton Mills And Industries Ltd. v. State Of Punjab And Others

    H.S. Bedi, J. - It appears to me that against the impugned award, CWP No. 6737 of 1987 was filed in this Court and a stay was obtained by the petitioner. The aforesaid writ petition was got dismissed as premature on 8th September, 1988, on the plea that the award in question had not been published, and, as such, was not enforcible. The award was thereafter published on 22nd December, 1980, and the present petition was filed on 8th February, 1990. 2. Mr. Chopra, learned counsel for the workman, has argued that as the first writ petition was filed in the year 1987 his client is entitled to the benefit of Section 17-B of the Industrial Disputes Act (for short the `Act') from the date of the filing of that petition. He has also urged that vide interim directions given in the aforesaid writ petition, the petitioners were required to comply with the provisions of Section 17-B of the Act, but despite the directions nothing has been done in this regard. 3. Mr. Mutneja, learned counsel appearing for the petitioner, has argued that as the writ petition was ultimately dismissed as withdrawn, the interim directions also ceased to have force. 4. After hearing counsel for the parties, I am of the view that keeping in view the spirit of Section 17-B of the Act and the purpose for which P2 it has been introduced into the labour legislation, it is in the interest of justice that the workman respondent No. 2 be given the benefit of Section 17-B of the Act from the date of filing of the first writ petition i.e. CWP No. 6737 of 1987. The arrears due to the respondent-workman will be paid within six weeks from today. The petitioner will also make future payments in terms of Section 17-B of the Act by the 10th of each calendar month. 5. With the above observations, CM stands disposed of. Order accordingly.

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    Bhawani Cotton Mills And Industries Ltd. v. State Of Punjab And Others
    (Feb 5, 1992)