Beneficial construction of reinstatement relief applies to pending pre-commencement awards, protecting workmen during challenge proceedings.

Section 17-B of the Industrial Disputes Act was construed as applying to reinstatement awards made before 21 August 1984, so long as the awards had not attained finality and were under challenge in higher courts. The provision was treated as a beneficial measure designed to protect workmen from hardship caused by delay during employer-initiated proceedings, and its language was held not to confine it to post-commencement awards. A restrictive reading was rejected because it would frustrate the legislative object, while the earlier approach to a different provision conferring new jurisdiction was distinguished. The workman's entitlement to wages during pendency was therefore affirmed.

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Issues: Whether Section 17-B of the Industrial Disputes Act applies to awards of reinstatement passed before its commencement on 21 August 1984, where such awards were still under challenge and had not become final.

Analysis: Section 17-B was enacted to mitigate hardship caused to workmen by delay in the implementation of reinstatement awards during employer-initiated proceedings in the High Court or Supreme Court. The provision operates where the statutory conditions are satisfied, and its language does not expressly confine its operation to awards made after commencement. The object and reasons show that Parliament intended to protect workmen during the pendency of challenges to reinstatement awards, and a restrictive construction would defeat that object. The earlier decision on Section 2-A supported a construction that gives effect to the legislative purpose even where the wording refers to a pre-existing state of affairs. The decisions on Section 11-A were distinguished because that provision conferred a new jurisdiction and contained language indicating prospective operation, whereas Section 17-B codifies a right to wages last drawn during pending proceedings and does not create a similar jurisdictional bar.

Conclusion: Section 17-B applies to awards passed before 21 August 1984 if the awards had not become final, and the workman was entitled to the relief claimed.

Final Conclusion: The challenge to the denial of wages under Section 17-B succeeded, the High Court's view was reversed, and the workman's entitlement during pendency of the employer's challenge was affirmed.

Ratio Decidendi: A beneficial statute conferring a right to relief during pendency of proceedings may be applied to pre-commencement awards when the statutory language does not restrict its operation and the legislative object would otherwise be defeated, provided the award has not attained finality.

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