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Supreme Court Of India

(From : Punjab)

Hon'ble Judge(s): Arijit Pasayat, Tarun Chatterjee , JJ

(A) Uttar Pradesh Disputes Act (28 of 1947) , S.2(g)— Industrial Disputes Act (14 of 1947) , S.25B— Continuous service - Definition - Definition of 'continuous service' given in S.25B of Central Act is different from definition of said expression given in S.2(g) of U.P. Act - S.25B of Central Act was amended and changes were introduced w. e. f. 19-12-1964 but S.2(g) of U.P. Act remained unaltered - As per amended position it was necessary for workman to continue in service in 12 calendar months period to have actually worked for at least 240 days - High Court adopting definition of continuous service as given in Central Act and granted relief to workman - Improper. 2004 (1) E S C 267 (All), Reversed. (Para 7) (B) Industrial Disputes Act (14 of 1947) , S.17B— Payment of wages during pendency of proceedings - Entitlement to - Employer had adduced ample material to show that respondent workman was enrolled as an Advocate and was busy practitioner with decent professional income - It had even given list of large number of cases in which respondent had appeared - Conclusion of High Court that 'because of compulsions of unemployment he has no option but to continue for a short period as practising Advocate was clearly contrary to material on record - Respondent not entitled to cla....