A madam challenged a Labour Authority order directing it to pay unpaid wages to a watchman removed from service. The court found the attendance register, salary register and other exhibits established employment, declined to interfere, and dismissed the writ petition.
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.
WP(MD)No.19883 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.11.2025
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
WP(MD)No.19883 of 2021
Management, Pandiya Vellar Madam, No.13, Gandhi Road, Palani, Dindigul District.
...Petitioner
Vs
[The Joint Commissioner of Labour], The Joint Commissioner of Labour Office, Dindigul, Dindigul District.
2.Subramani
...Respondents
PRAYER: Writ Petitions filed under Article 226 of the Constitution of India to issue a writ of certiorari calling for the records relating to the impugned order dated 18.01.2021 in PWA.No.6 of 2017 passed by the 1st respondent and quash the same.
For Petitioner : Mr.Rajesh Saravanan.B
For Respondent : Mr.S.Vinodh No.1 For Respondent Mr.D.Shanmuga Raja Sethupathi No.2
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WP(MD)No.19883 of 2021
ORDER
The petitioner madam has filed this writ petition as against the order passed by the Joint Commissioner of Labour in PWA.No.6 of 2017, dated 18.01.2021. By this impugned order, the 1st respondent has directed the management to pay the eligible wages to the 2nd respondent. Aggrieved by that order the management has filed this writ petition.
2.The 2nd respondent has filed the above application under Section 15(2) of the Payment of Wages Act (the Act), before the 1st respondent authority under the Act in PWA.No.6 of 2017 that he has rendered 23 years of service in the petitioner madam and has also been staying in the Madam, however, by way of a notice dated 24.06.2017 the 2nd respondent was removed from service based on a resolution and he was also directed to vacate the premises on or before 30.06.2017. Further he was not paid with salary for the months of April and May 2017. The said application was allowed by the 1st respondent by order dated 18.01.2021.
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3.The learned counsel for the petitioner submits that the petitioner
madam had never engaged the 2nd respondent as watchman and there is no employer and employee relationship between the petitioner and the 2nd respondent. However without considering the same, the 1st respondent has allowed the said application and also directed the petitioner madam to pay salary for the month of April and May 2017.
5.The only contention of the petitioner madam as against the order passed by the 1st respondent is that the 2nd respondent was never engaged by the petitioner madam as a watchman. The impugned order shows that the 1st respondent has allowed the application of the 2nd respondent by considering the exhibits placed before him. The exhibits / the attendance register, salary salary register and other documents reveal that the petitioner had engaged the 2nd respondent as a watchman.
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6.In view of the above discussion, this court is not inclined to
interfere with the impugned order. Accordingly, this writ petition is dismissed. No costs.
05.11.2025
DSK
To
The Joint Commissioner of Labour, The Joint Commissioner of Labour Office, Dindigul, Dindigul District.
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WP(MD)No.19883 of 2021
B.PUGALENDHI.J.,
DSK
WP(MD)No.19883 of 2021
05.11.2025
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1 issue framed by the court
Whether the Joint Commissioner of Labour erred in holding an employer-employee relationship existed and directing the management to pay wages for April and May 2017 under Section 15(2) of the Payment
2 provisions across 2 enactments
Management, Pandiya Vellar Madam
The Authority, [The Joint Commissioner of Labour], Dindigul
Subramani
B.PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
