This Writ Appeal challenged an interim order directing the Railways to pay last drawn wages to an employee under Section 17-B of the Industrial Disputes Act during pending litigation. The court noted the appellants failed to prove the employee was gainfully employed elsewhere.
The Writ Appeal was dismissed with no costs and the connected C.M.P. was closed.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :: 09-06-2023
W.A.No.1180/2023
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.A.No.1180 of 2023
Chennai-600 008.
2.The Sub Record Officer,
RMS 'M' Division, Gandhinagar, Vellore-632 006.
Appellants
-vs-
1.Shri.S.Palani
2.The Presiding Officer, Central Government Industrial Tribunalcum-Labour Court, Chennai. ... Respondents
Appeal is filed under Clause 15 of the Letters Patent against the order, dated 16.08.2022, passed in W.M.P.No.20706 of 2017 in W.P.No.24363 of 2016, on the file of this Court.
For Appellants : Mr.M.Karthikeyan
JUDGMENT
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W.A.No.1180/2023
(By S.Vaidyanathan,J .)
This appeal has been preferred against the interim order, dated 16.08.2022, passed in W.M.P.No.20706 of 2017 in W.P.No.24363 of 2016, directing the Railways
to pay the last drawn wages to the first respondent employee during the pendency of the
Writ Petition.
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W.A.No.1180/2023
''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.' '
filed counter to the miscellaneous petition and that the impugned order has been passed by the learned single Judge.
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employee is gainfully employed and hence he would not be entitled to last drawn wages. The appellants have also not produced any document with regard to the gainful employment of the respondent employee, whereas, the respondent employee has filed an application being W.M.P.No.20706 of 2017 in W.P.No.24363 of 2016, wherein, in Paragraph No.6, he has categorically stated as follows :
Section 17-B of the Act, he would be entitled to last draw wages till the disposal of the Writ Petition or till the date of death before superannuation or till the date of superannuation in case the Writ Petition is not disposed of. Hence, we are of the view that there is no error in the order of the learned single Judge in directing the Management to pay the last drawn wages in terms of Section 17-B of the Act mentioned supra with effect from 13.07.2016. In case the employee is reinstated, he will be entitled to be paid on par with his counterparts.
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W.A.No.1180/2023
connected C.M.P.No.11979 of 2023 is closed.
Index : Yes/No Internet : Yes/No Speaking / Non-speaking Order dixit
(S.V.N.,J.) (K.R.S.,J.) 09-06-2023
To
The Presiding Officer, Central Government Industrial Tribunalcum-Labour Court, Chennai.
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W.A.No.1180/2023
S.VAIDYANATHAN,J. AND K.RAJASEKAR,J.
dixit
W.A.No.1180 of 2023
09-06-2023
2 issues framed by the court
Whether railways are liable to pay last drawn wages to a reinstated workman during pending litigation proceedings under Section 17-B of the Industrial Disputes Act, 1947.
Whether the appellants are entitled to an interim order exempting them from paying such wages or staying the Labour Court award.
1 provisions across 1 enactments
The Superintendent, Railway Mail Service, RMS 'M' Division, Chennai
The Sub Record Officer, RMS 'M' Division, Gandhinagar, Vellore
Shri. S.Palani
The 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
