Probationers are ‘Workmen’ under Industrial Disputes Act; Section 17-B Wages Non-Recoverable: Delhi High Court

The Delhi High Court has ruled that probationary employees fall within the definition of “workman” under Section 2(s) of the Industrial Disputes Act, 1947, and are entitled to statutory protections available under industrial law.

While upholding the validity of a probationer’s termination as termination simpliciter, the Court clarified that industrial law does not distinguish between permanent and temporary employees for determining workman status.

The Bench further held that wages paid under Section 17-B during the pendency of proceedings before the High Court are non-recoverable, even if the termination is ultimately upheld.

The judgment reinforces settled principles distinguishing motive from foundation in termination orders.

[Sarita Tiwari v. M/s Deccan Charters Pvt Ltd.]