Delhi High Court in Surjeet Singh vs. Dominant Systems Pvt. Ltd. LPA 120/2021 and C.M. No. 11198/2021, while interpreting the provisions as outlined under section 17-B of the IDA (which gets triggered when the workman has secured an award directing reinstatement) ruled in favour of the workman and observed that the employer did not produce any material on record to indicate that the workman was earning adequate remuneration. The Court further held that the ultimate test is the earning of income by the workman and not the nature of his employment.
Also read: Govt. employees not entitled to OT: SC
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