If any employer files a writ petition in a High Court against an order of an Industrial Tribunal refusing approval to an order of dismissal of a workman, is he required to pay any wages to the workman during the pendency of the writ petition?
When the Industrial Tribunal disapproves the order of dismissal under section 33(2)(b) of the Act, the real effect of such order amounts to reinstatement in service although the Tribunal does not actually direct reinstatement in service. If the employer challenges such order of disapproval by filing a writ petition in the High Court, he is liable to pay wages of the workman concerned during the pendency of the writ petition.
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