Partly allowed¶27

The President v. P.Sasikala

Madras HC6 Jun 2025CRP(MD)/1132/2020

Case brief

AI extract

What is this about?

Payment of Wages Act; S.115 CPC civil revision; wage register production and verification; non-payment of wages to Clerk; Karunkalakkudi Primary Agricultural Co-operative Credit Society; P.W.No.1 of 2014; P.W.C.M.A.No.1 of 2017; Deputy Commissioner of Labour Madurai; arrears salary December 2001 to 12.03.2002; six-week payment direction; partly allowed; no costs.

What did the court decide?

Revision petition partly allowed: petitioner Society directed to pay salary to the first respondent for the period December 2001 till 12.03.2002 within six (6) weeks from receipt of a copy of the order; no order as to costs; connected C.M.P(MD)No.7263 of 2020 closed. ¶27

The President Vs P.Sasikala — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the judgment and decree in P.W.C.M.A.No.1 of 2017 dated 28.11.2019, confirming the order in P.W.No.1 of 2014 under the Payment of Wages Act, should be set aside. +1 more

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Court's answer

The Civil Revision Petition filed by the Society is partly allowed; the petitioner Society is directed to pay the salary to the first respondent for the period between December 2001 till 12.03.2002 within a period of six (6) weeks from the date of receipt of a copy of the order, with no order as to costs.

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Ratio / Principle

On perusal and verification of the wage register produced pursuant to this Court's direction, wages were found to have been paid to the first respondent for the period April 2001 to November 2001; however, the salary from December 2001 till 12.03.2002 has not been paid.

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Detailed headnote1 paragraphs

Civil Revision Petition under S.115 CPC by a Primary Agricultural Co-operative Credit Society against the judgment in P.W.C.M.A.No.1 of 2017 (Principal District Court, Madurai, dated 28.11.2019) confirming the Payment of Wages Act Authority's order directing payment of wages to its Clerk for 01.04.2001 to 12.03.2002. The Society contended that due to belated approach the wage register could not be traced, but that salary up to November 2001 stood paid per the wage register. On this Court directing production of the wage register and upon verification by the first respondent and the Court, it was found that wages for April 2001 to November 2001 had been paid, while salary from December 2001 till 12.03.2002 remained unpaid. Held: revision petition partly allowed; Society directed to pay the unpaid salary for December 2001 to 12.03.2002 within six weeks; no costs; connected C.M.P(MD)No.7263 of 2020 closed.

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C.R..P.(NPD)(MD).No.1132 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 06.06.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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C.R.P(NPD)(MD)No.1132 of 2020

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and

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C.M.P(MD) No.7263 of 2020

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The President, A-2990, Karunkalakkudi Primary Agricultural Co-operative Credit Society Limited, Karunkalakkudi, Madurai – 625 101. ... Revision Petitioner/ Appellant/Respondent Vs. 1. P.Sasikala ... 1^st Respondent/ 1^st Respondent/Petitioner 2. The Deputy Commissioner of Labour, (Authority Under Payment of Wages Act) Madurai. ... 2^nd Respondent/ 2^nd Respondent

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PRAYER: Civil Revision Petition filed under Section 115 of C.P.C., to set aside the judgment and decree made in P.W.C.M.A.No.1 of 2017, dated 28.11.2019 confirming the order made in P.W.No.1 of 2014, dated 05.05.2017 on the file of the second respondent, allow the above Civil Revision Petition.

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

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C.R..P.(NPD)(MD).No.1132 of 2020

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For Petitioner : Mr.S.Kumar For R1 : Mr.M.Ponnaiah For R2 : Mrs.D.Farjana Ghoushia Special Government Pleader

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O R D E R

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The present Civil Revision Petition has been filed by the respondent against the proceedings initiated under the Payment of Wages Act, on the file of the second respondent.

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2. The first respondent herein, who was working as a Clerk in the petitioner's Society had approached the second respondent under the Payment of Wages Act, alleging non-payment of wages for the period between 01.04.2001 and 12.03.2002. The said application was allowed. Challenging the same, an appeal was filed by the revision petitioner herein before the Principal District Court, Madurai in P.W.C.M.A.No.1 of 2017. The appeal was dismissed on 28.11.2019. Challenging the same, the present Civil Revision Petition has been filed by the Society.

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

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C.R..P.(NPD)(MD).No.1132 of 2020

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3. According to the learned counsel appearing for the revision petitioner, since the first respondent had approached the authorities under the Payment of Wages Act belatedly, the wage register could not be traced and produced before the second respondent or before the appellate authority. However, the salary for the period between 01.04.2001 and November 2001 has already been paid as per the wage register. Hence, this Court had directed the petitioner Society to produce the wage register for the relevant period to verify the same.

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4. The wage register for the relevant period was verified by the first respondent herein as well as by this Court. After perusing the wage register, it is clear that the wages have been paid to the first respondent herein for the period between April 2001 and November 2001. However, the salary from December 2001 till 12.03.2002 has not been paid.

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5. In view of the above said facts, the revision petition filed by the Society is partly allowe d and the petitioner/Society is directed to pay the salary to the first respondent for the period between December 2001 till

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

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C.R..P.(NPD)(MD).No.1132 of 2020

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12.03.2002 within a period of six (6) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed.

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06.06.2025

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NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi

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