Delhi High Court in United Poly Engineering Pvt. Ltd. vs. Presiding Officer Labour Court and Ors. LPA 492/2022, examined the question as to whether the application filed by the workman under Section 17B of the Industrial Disputes Act, 1947 (“ID Act“) claiming full wages pending proceedings in the High Court stating that he has remained unemployed from the date of termination from the service and that he is not gainfully employed, neither is he engaged in any vocation, can be rejected on account of delay in preferring the application by the workmen. The Court observed that the workman is entitled to the benefits under Section 17B of the ID Act from the date of passing of award unless it is shown that the workman has been indolent and negligent in not pursuing the relief under Section 17B of the ID Act and has filed his application after considerable delay or at his whim and fancy, however, considering the facts of the case there is no unreasonable and unexplained delay on the part of the workman to file the said application and therefore his application held rightly so, cannot be rejected.
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