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Article Published in the Express Magazine Dated
March 31, 2002
General Attorney : Rajiv K. Luthra
My employment with an industry had been
terminated arbitrarily. The Labour Court passed an
order to the effect, that my employment will
continue and set aside the order of dismissal. The
Management, has now filed an appeal in the High
Court against this decision. My employer has
stopped paying my wages and I fear that I am
losing out on my salary for the period of the
pendency of the case at Court. Can I take up
another assignment to cover the loss?
M. K., Ludhiana
In cases like yours, the legislature has
introduced Section 17 B of the Industrial Disputes
Act, 1947 (the “Act”) as a piece of social-welfare
legislation to avoid hardship to the workmen who
are deprived of the benefits of re-instatement
awards during pendency of proceedings before the
high court or supreme court. Section 17 B of the
Act provides that where 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 the
High Court or the Supreme Court, the employer
shall be liable to pay such workman full wages
last drawn by him, during the period of pendency
of such proceedings in the high court or the
supreme court.
But this payment will only be given to you, if you
are not employed in any establishment during such
period and you have to file an affidavit before
the court before whom the proceedings have been
preferred stating that you have not been employed
in any establishment during this period. You are
then entitled to the payment. Hence, if you take
up any new assignment during the proceedings
before the High Court until the final verdict, you
may loose your right under Section 17 B of the
Act.
I am an illegitimate child and do not know who
my father is. My mother who was a Hindu has passed
away. A Hindu family has brought me up. Since I do
not know my father's religion, I don't know which
personal law will apply to me?
Sanjay, Delhi
It is true that under ordinary circumstances, a
child in India must be presumed to have his
father's religion, and his corresponding civil and
social status. According to the Hindu Law, a
person would be a Hindu if any one of his parent
is a Hindu by religion, and if he is brought up as
a Hindu, Buddhist, Sikh or Jain irrespective of
him being legitimate or illegitimate.
Since your mother was a Hindu and you have been
brought up in a Hindu family and it is assumed
that you have been brought up as a Hindu, the
Hindu law will apply to you. In any case, upon
attaining majority, an individual has the right to
follow the religion of his choice.
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