Industrial Disputes Act, 1947
17B. Payment of full wages to workman pending
proceedings in higher courts
Where in any case, a Labor 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.]