Allowed

Mr.C.Shakthivel v. The Special Joint commissioner of Labour

Madras HC26 Feb 2020WMP/32936/2019

Case brief

AI extract

What is this about?

In a writ miscellaneous petition, the Madras High Court directed the Management of TNSTC (Salem) Limited to pay the last drawn wages to a dismissed workman from the date of filing of the underlying writ petition until its disposal, citing financial hardship.

What did the court decide?

Directed the Management to pay last drawn wages from the date of filing of the Writ Petition (dated 17.06.2019) until disposal, and to clear arrears within four weeks.

Mr.C.Shakthivel Vs The Special Joint… — Pension and Retirement Benefits | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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( SPECIAL ORIGINAL JURISDICTION )

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WEDNESDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND TWENTY

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PRESENT

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THE HON`BLE MR JUSTICE K. RAVICHANDRABAABU

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2 THE MANAGEMENT TAMIL NADU STATE TRANSPORT CORPORATION (SALEM ) LIMITED, NO 12, RAMAKRISHNA SALAI,SALEM-7

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Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to direct the Respondent Management to pay to the Petitioner, his last drawn wages under Section 17(B) of the Industrial Disputes Act from the date of filing of the Writ Petition and continue to pay the same,(WMP.No. 32936 of 2019) till the disposal of the above Writ Petition (WP.17126 of 2019)

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Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S S.GIRIJA, Advocate for the petitioner,the court made the following order:-

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This writ miscellaneous petition is filed under Section 17B of the Industrial Disputes Act, for paying the last drawn wages to the miscellaneous petitioner/1st respondent in the writ petition, during the pendency of this writ petition.

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Heard both sides.

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In the affidavit filed in support of the miscellaneous petition, it is specifically stated that this miscellaneous petitioner/1st respondent is unemployed ever since the date of dismissal and his family has been reduced utmost penury. No counter affidavit is filed by the writ petitioner/Management.

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https://hcservices.ecourts.gov.in/hcservices/

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The learned counsel for the writ petitioner/Management fairly submitted that this miscellaneous petitioner would be paid 17B wages from the date of filing of the writ petition.

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Considering the above stated facts and circumstances, this Writ Miscellaneous Petition is ordered and the writ petitioner/Management is directed to pay the last drawn wages to the miscellaneous petitioner/1st respondent from the date of filing of the writ petition viz., 17.06.2019 till the disposal of the writ petition. The arrears of such salary should be paid to the miscellaneous petitioner within a period of four weeks from the date of receipt of a copy of this order.

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Post the writ petition after four weeks.
-sd/-
26/02/2020
/ TRUE COPY /
Sub Assistant Registrar ( Statistics / C.S. )
High Court, Madras - 600 104.
TO
1 THE SPECIAL JOINT COMMISSIONER OF LABOUR,
CHENNAI-600 006.
2 THE MANAGEMENT
TAMIL NADU STATE TRANSPORT
CORPORATION
(SALEM ) LIMITED
NO 12, RAMAKRISHNA SALAI,SALEM-7
C.C. to M/S S.GIRIJA SR.NO.2504
Order
in
WMP.32936/2019
in
WP 17126/2019
Date :26/02/2020

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From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RR(RS) 12/05/2020

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https://hcservices.ecourts.gov.in/hcservices/

Mr.C.Shakthivel v. The Special Joint commissioner of Labour

Case brief

What is this about?

What did the court decide?

Mr.C.Shakthivel v. The Special Joint commissioner of Labour

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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