Partly allowed

S.Sakthi v. The Management

Madras HC11 Apr 2023WMP/198/2023

Case brief

AI extract

What is this about?

In an application to reinstate arrears of wage payment to a workman found not gainfully employed, the Court directed the respondent Corporation to pay last drawn wages from the date of filing the Writ Petition under Section 17B of the Industrial Disputes Act.

What did the court decide?

Direction to pay arrears of last drawn wages from 04.07.2022 within two weeks and continue monthly payments until final disposal.

S.Sakthi Vs The Management — Pension and Retirement Benefits | Madras HC (2023)

¶1

W.M.P.No.198 of 2023 in W.P.No.17644 of 2022

¶2

W.M.P.No.198 of 2023 in W.P.No.17644 of 2022

¶3

M.S.Ramesh.J.,

¶4

When the present application was listed in the last hearing on 29.03.2023, the learned standing counsel for the Transport Corporation, sought time to file counter.

¶5

Today, it is represented by the learned standing counsel that the impugned order is to reinstate the workman back into service and therefore, 17B application's prayer to pay last drawn wages, does not deserve consideration. This Court, is not in appreciation in the manner in which, the appreciation is made.

¶6

Under Section 17B of the Industrial Disputes Act, when the Labour Court or the Industrial Tribunal passed an award for reinstatement, the concerned workman would be entitled for the last drawn wages. The only requirement is that he should not be gainfully reinstated.

¶7

In the affidavit filed in support of the present application, the petitioner has stated in paragraph 8 that he is not gainfully employed.

¶8

In the absence of any counter from the respondent/Corporation, this Court is of the view that the statement made by the workman has not been disputed. https://www.mhc.tn.gov.in/judis

¶9

¶10

W.M.P.No.198 of 2023 in W.P.No.17644 of 2022

¶11

M.S.Ramesh.J.,

¶12

Sni

¶13

Accordingly, he would be entitled for the last drawn wages from 04.07.2022 when the present Writ Petition was filed.

¶14

In the light of the above findings, there shall be a direction to the first respondent/Transport Corporation to forthwith pay the arrears of the last drawn wages to the petitioner/workman under Section 17B of the Industrial Disputes Act, from the date of filing of the Writ Petition i.e. from 04.07.2022, within a period of two (2) weeks from the date of receipt of a copy of this order. Thereafter, the Management shall continue to pay the monthly last drawn wages to the workman on or before 5^th day of every month, till the final disposal of the Writ Petition.

¶15

Accordingly, the Writ Miscellaneous Petition stands ordered.

¶16

Post the Writ Petition for final disposal on 03.07.2023.

¶17

11.04.2023

¶18

Sni

¶19

W.M.P.No.198 of 2023 in W.P.No.17644 of 2022

¶20

https://www.mhc.tn.gov.in/judis

¶21

S.Sakthi v. The Management

Case brief

What is this about?

What did the court decide?

S.Sakthi v. The Management

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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