Allowed

V.Magendiran, v. The Management

Madras HC14 Jul 2021WMP/11482/2019

Case brief

AI extract

What is this about?

A Single Judge of the Madras High Court, in a Miscellaneous Petition, directed the Employer to pay the Petitioner last drawn wages from the date of the prior Award until superannuation or disposals of the underlying WP, notwithstanding the pendency of the WP.

What did the court decide?

Direction to the first Respondent to pay the last drawn wages of the petitioner from the date of the Award till superannuation or disposal of the Writ Petition.

V.Magendiran, Vs The Management — Pension and Retirement Benefits | Madras HC (2021)

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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 Fourteenth day of July Two Thousand Twenty One

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PRESENT

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THE HON`BLE MR JUSTICE S.VAIDYANATHAN

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WMP No.11482 of 2019

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in WP.No.4308 of 2016

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V.MAGENDIRAN, [ PETITIONER ]

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1 THE MANAGEMENT M/S.LOTUS FOOTWEAR ENTERPRISES LIMITED, B3, SIPCOT INDUSTRIAL PARK MANGAL VILLAGE, MATHUR POST, CHEYYAR-631 701.

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[ RESPONDENTS ]

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2 THE PRESIDING OFFICER ADDITIONAL LABOUR COURT, VELLORE.

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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 first respondent/ Writ petitioner to pay the last drawn wages of the petitioner/ 2nd respondent under Section 17-B of the Industrial Disputes Act, 1947 with effect from the date of filing of WP.No.43089 of 2015,(in WMP.No.11482/2019) pending disposal of the above WP.No.4308/2016.

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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.T.RAMKUMAR, Advocate for the petitioner and of M/S.GUPTA for M/S.M.KANDASAMY, Advocate for the 1^st respondent the court made the following order:-

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This Miscellaneous Petition is filed seeking a direction to the 1^st Respondent/Writ Petitioner to pay the last drawn wages of the Petitioner under Section 17-B of the Industrial Disputes Act, 1947 with effect from the date of filing of the above Writ Petition.

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2.Heard the learned counsel on either side and perused the material documents available on record.

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3.The Petitioner/workman has got the benefit of the order of dismissal being set aside. He was imposed with the punishment of stoppage of promotion to a higher post, which was stagnated for two years, from the date the next promotion falls due. The Labour Court has passed the Award directing reinstatement of the Petitioner with https://hcservices.ecourts.gov.in/hcservices/ continuity of service, but, the relief of backwages and all other

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attendant benefits have been rejected.

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4.Since there is an Award in favour of the workman, the workman has now filed a Petition under Section 17-B of the Industrial Disputes Act, 1947, claiming wages from the date of filing of the above Writ Petition.

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5.Since the Petitioner/workman has got the benefits of the Award, he shall be paid the last drawn wages on or before 5^th of every month, from the date of the Award till he attains the age of superannuation or the disposal of the Writ Petition , whichever is earlier.

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6.It is needless to mention that, the pendency of the Writ Petition is not a bar for the Management to reinstate the Petitioner/workman in service without prejudice to the rights of the parties in the Writ Petition and in such event, the Petitioner/workman shall be paid on par with the regular employees, taking note of the finding in the Award, that has gone against the workman.

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This Miscellaneous Petition is ordered accordingly.

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-sd/-

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14/07/2021

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/ TRUE COPY /

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Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

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1 THE PRESIDING OFFICER

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ADDITIONAL LABOUR COURT, VELLORE.

Order

WMP No.11482 of 2019

in WP.No.4308 of 2016

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Date :14/07/2021

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From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(28/07/2021)

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

V.Magendiran, v. The Management

Case brief

What is this about?

What did the court decide?

V.Magendiran, v. The Management

Case brief

What is this about?

What did the court decide?

What the court decided

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