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Where in any case,
a Tribunal or a National Industrial Tribunal by its award directs reinstatement of any worker and the
employer prefers any proceedings against such award in a High Court or the Supreme Court, the
employer shall be liable to pay such worker, during the period of pendency of such proceedings in the
High Court or the Supreme Court, full wages last drawn by him, inclusive of any maintenance allowance
admissible to him under any rule if the worker had not been employed in any establishment during such
period and an affidavit by such worker had been filed to that effect in such Court:
Provided that where it is proved to the satisfaction of the High Court or the Supreme Court that such
worker had been employed and had been receiving adequate remuneration during any such period or
part thereof, the Court shall order that no wages shall be payable under this section for such period or
part, as the case may be.
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