Single Judge directed Railways to pay last drawn wages to an employee under Section 17-B of the ID Act during pendency of reinstatement proceedings. Employees appealed; Court held criteria were met and dismissed appeal against Single Judge's order.
Dismissed Writ Appeal and closed connected C.M.P. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.A. No. 1168 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :: 08-06-2023
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.A. No. 1168 of 2023
&
C.M.P. No. 11874 of 2023
1.The Superintendent, Railway Mail Service, RMS 'M' Division, Chennai-600 008.
2.The Sub Record Officer, RMS 'M' Division, Gandhinagar, Vellore-632 006. ..Appellants
Vs.
1.Ms.L. Banumathi
2.The Presiding Officer, Central Government Industrial Tribunalcum-Labour Court, Chennai.
..Respondents
W.A. No. 1168 of 2023
Prayer: Writ Appeal as against the order, dated 16.08.2022, passed in W.M.P.No.21010 of 2017 in W.P.No.24370 of 2016, on the file of this
Court.
For Appellants : Mr.M.Karthikeyan
JUDGMENT
(By S.Vaidyanathan,J .)
This appeal has been preferred against the interim order, dated 16.08.2022, passed in W.M.P.No.21010 of 2017 in W.P.No.24370 of 2016, directing the Railways to pay the last drawn wages to the first respondent employee during the pendency of the Writ Petition.
2. The Labour Court has passed the Award as follows :
“15. The claim of the petitioners is not only for reinstatement but also for permanency. As stated this is not a subject matter of order of reference and cannot be considered. The only question is whether the petitioners can be reinstated in the same position in which they were.
16. In all the identity cards produced, the petitioners are described as Outsiders Sorting Assistants. All the petitioners have stated that they were not given any
W.A. No. 1168 of 2023
appointment order. It was not based on any Recruitment Rules they were taken. However, there is a fact that they were ousted from work even when work was available with the respondents. This is clear from the evidence given by MW1. He has stated during his cross-examination that even now outsiders are engaged. That shows that work is still available with the respondents. So the respondents are in a position to take back the petitioners as Outsiders, Sorting Assistants itself. The claim of the petitioners for backwages could not be entertained since they were working on daily wages but paid on monthly basis. If the petitioners are not willing to be reinstated in the same position, they are to be compensated as contemplated under Section 25-F of the ID Act. Almost all the petitioners have joined during the same period. The compensation payable is fixed as Rs.2.00 lakhs for each of the petitioners. At the option of the petitioners, the respondents are either to engage the petitioners in the same position or to pay compensation of Rs.2.00 lakhs within two months of publication of the award.
17. Accordingly the respondents are directed to reengage the petitioners or pay compensation @ Rs.2.00 Lakhs to each of the petitioners at their option within two months of the publication of the award.”
W.A. No. 1168 of 2023
Disputes Act,1947, in short, ''the Act'', is extracted below :
''17B. Payment of full wages to workman pending proceedings in higher courts.- Where in any case, a Labour Court, Tribunal or National Tribunal by its award directs reinstatement of any workman 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 workman, 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 workman had not been employed in any establishment during such period and an affidavit by such workman 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 workman 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.' '
not filed counter to the miscellaneous petition and that the order under challenge has been passed by the learned Single Judge.
W.A. No. 1168 of 2023
employee, whereas, the respondent employee has filed an application being W.M.P.No.21010 of 2017 in W.P.No.24370 of 2016, wherein, in Paragraph
No.6, she has categorically stated as follows :
W.A. No. 1168 of 2023
S.VAIDYANATHAN,J.
AND
K.RAJASEKAR,J.
nv
nv
(S.V.N.J.) (K.R.S.J.) 08.06.2023
To
The Presiding Officer, Central Government Industrial Tribunalcum-Labour Court, Chennai.
W.A.No.1168 of 2023
3 issues framed by the court
Whether the employer is liable to pay last drawn wages to an employee during the pendency of proceedings where reinstatement is directed by a Labor Court award.
Whether the employee satisfied the criteria under Section 17-B of the Industrial Disputes Act, 1947 to claim wages during pendency.
Whether the Writ Appeal against the High Court Single Judge's order directing payment of wages is maintainable in the absence of counter affidavit regarding gainful employment.
1 provisions across 1 enactments
Superintendent, Railway Mail Service, RMS 'M' Division, Chennai
Sub Record Officer, RMS 'M' Division, Gandhinagar, Vellore
Ms. L. Banumathi
Presiding Officer, Central Government Industrial Tribunalcum-Labour Court, Chennai
S. Vaidyanathan
K. Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
