ISSUE:
Whether Ghanshyam, engaged as a personal driver, was a "workman" under the Industrial Disputes Act?
Whether the High Court could direct payment of regular wages instead of the “full wages last drawn” under Section 17-B during the pendency of the writ petition?
RULE:
The status of a "workman" is determined by the actual nature of duties performed, not merely by designation or the mode of appointment. If the employment involves duties of a workman, the protections of the Industrial Disputes Act apply.
Section 17-B guarantees only the last drawn wages to a workman during the pendency of proceedings, but it does not curtail the inherent powers of the High Court to grant a higher relief if the circumstances of the case so warrant.
The power of judicial review permits the High Court to balance equities by imposing conditions on a stay order, ensuring that relief granted does not frustrate the rights of either party.