BHARAT SINGH versus MANAGEMENT OF NEW DELHI TUBERCULOSIS CENTRE, JAWAHARLAL NEHRU MARG, NEW DELHI AND OTHERS

BHARAT SINGH versus MANAGEMENT OF NEW DELHI TUBERCULOSIS CENTRE, JAWAHARLAL NEHRU MARG, NEW DELHI AND OTHERS

Section 17-B of the Industrial Disputes Act, 1947 applies even to awards passed prior to August 21, 1984 if they have not become final; its operation is not restricted to prospective application, as the statute codifies the right to wages during pendency of challenge and does not confer new jurisdiction.

Parties
Appellant: Bharat Singh; Respondents: Management of New Delhi Tuberculosis Centre, Jawaharlal Nehru Marg, New Delhi and Others
Jurisdiction
India
Judgment Date
04 April 1986
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order of the Delhi High Court Dated 18th April, 1985 in C.m. No. 4006 of 1984
Outcome
Appeal allowed
Legal Topics
Applicability of S.17 B of Industrial Disputes Act to Pre Enactment Awards, Purposive Interpretation, Reinstatement and Back Wages, Retrospective Operation of Statutes
Labour Law Statutory Interpretation Applicability of S.17 B of Industrial Disputes Act to Pre Enactment Awards Purposive Interpretation Reinstatement and Back Wages Retrospective Operation of Statutes

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Parties

Bharat Singh

Appellant

Management of New Delhi Tuberculosis Centre, Jawaharlal Nehru Marg, New Delhi and Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order of the Delhi High Court Dated 18th April, 1985 in C.m. No. 4006 of 1984

Legal Issues

  1. 1 Whether Section 17-B of the Industrial Disputes Act, 1947 applies to awards passed prior to August 21, 1984
  2. 2 Interpretation and application of social beneficial legislation
  3. 3 Retrospectivity of Section 17-B

Ratio Decidendi

Section 17-B of the Industrial Disputes Act, 1947 applies even to awards passed prior to August 21, 1984 if they have not become final; its operation is not restricted to prospective application, as the statute codifies the right to wages during pendency of challenge and does not confer new jurisdiction.

Court Disposition

Appeal allowed

Orders

  • Judgment of Delhi High Court set aside
  • Section 17-B applies to awards passed prior to August 21, 1984 if not final