The Vice President v. Joint Commissioner Of Labour (Minimum Wages)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.01.2026 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY In W.M.P.No.611 of 2025:- The Vice President, Human Resources, Cognizant Technology Solutions India Pvt. Ltd., 6-8 floors, New No.165, Old No.110, Menon Eternity Building, St. Marys Road, Alwarpet, Chennai - 600 018.
.. Petitioner
Versus
1. Joint commissioner of Labour (Minimum wages)
2. K.N.Naresh
3. The Senior Director, Corporate Work Place Services (CWS), Cognizant Technology Solutions India Pvt. Ltd., 6-8 floors, New No.165, Old No.110, Menon Eternity Building, St Marys Road, Alwarpet, Chennai - 600 018.
.. Respondents 1/6
In W.M.P.Nos.24312 and 24313 of 2025:- K.N.Naresh .. Petitioner
Versus
1. The Vice President, Human Resources, Cognizant Technology Solutions India Pvt. Ltd., 6-8 floors, New No.165, Old No.110, Menon Eternity Building, St. Marys Road, Alwarpet, Chennai - 600 018.
2. Joint commissioner of Labour (Minimum wages)
3. The Senior Director, Corporate Work Place Services (CWS), Cognizant Technology Solutions India Pvt. Ltd., 6-8 floors, new No.165, Old No.110, Menon Eternity Building, St Marys Road, Alwarpet, Chennai - 600 018.
.. Respondents Prayer in W.M.P.No.611 of 2025: Writ Miscellaneous Petition filed under Article 226 of the Constitution of India to grant stay of all further proceedings pursuant to the order, dated 03.10.2024 passed in T.N.S.E II/07/2018 by the 1st respondent, Joint Commissioner of Labour (Minimum wages), Appellate Authority under Tamil Nadu Shops & Establishments Act, 1947, pending disposal of the Writ Petition. Prayer in W.M.P.No.24312 of 2025: Writ Miscellaneous Petition filed under Article 226 of the Constitution of India to vacate the interim stay granted by this Court in W.M.P.No.611 of 2025 in W.P.No.517 of 2025, dated 09.01.2025.
2/6
Prayer in W.M.P.No.24313 of 2025: Writ Miscellaneous Petition filed under Article 226 of the Constitution of India to direct the 1st respondent to pay the petitioner/1st respondent the last drawn pay during the pendency of the Writ Petition from the date of the filing of the Writ Petition. In W.P.No.611 of 2025:- For Petitioner : Mr.C.Manohar Gupta For Respondents : Mr.A.M.Ayyadurai, Government Advocate for R1 : Mr.N.Suresh, for R2 In W.P.Nos.24312 and 24313 of 2025:- For Petitioner : Mr.N.Suresh For Respondents : Mr.C.Manohar Gupta, for R1 : Mr.A.M.Ayyadurai, Government Advocate, for R2 COMMON ORDER W.M.P.No.611 of 2025 is filed to grant stay of all further proceedings pursuant to the order, dated 03.10.2024 passed in T.N.S.E II/07/2018 by the respondent, Joint Commissioner of Labour (Minimum wages), Appellate Authority under Tamil Nadu Shops & Establishments Act, 1947, pending disposal of the Writ Petition. W.M.P.No.24312 of 2025 is filed to vacate the interim stay granted by this Court in 3/6
W.M.P.No.611 of 2025 in W.P.No.517 of 2025, dated 09.01.2025. W.M.P.No.24313 of 2025 is filed to direct the first respondent herein/the Vice President, Human Resources, Cognizant Technology Solutions India Pvt. Ltd.,to pay to K.N.Naresh, the petitioner/1st respondent the last drawn pay during the pendency of the Writ Petition from the date of the filing of the Writ Petition.
2. As far as the application for the last drawn salary is concerned, the last drawn wage is also mentioned and the fact that the applicant is not otherwise gainfully employed is averred in the affidavit. The learned Counsel for the management is not in a position to positively assert that the workman/K.N.Naresh is in any other gainful employment. He would only submit that the order is patently erroneous and the last drawn wage is unduely high.
3. Be that as it may, it is the statutory entitlement of the workman whenever the order or reinstatement is being challenged before this Court. In view thereof, the prayer in W.M.P.No.24313 of 2025 to pay the last drawn salary to the workman/K.N.Naresh, stands allowed. Since 4/6
the Writ petition is filed on 07.01.2025, from the month of January, 2025 onwards, the last drawn wages shall be paid on or before the fifth of the every succeeding calendar month. Under the said circumstances, the petition for vacating the interim order in W.M.P.No.24312 of 2025 need not be gone into merits as this Court is proposing to post the Writ Petition for final hearing in a shorter date. The interim order granted in W.M.P.No.611 of 2025, as such, is made absolute.
4. Accordingly, these Writ Miscellaneous Petitions are disposed of.
08.01.2026 grs To Joint commissioner of Labour (Minimum wages) 5/6
D.BHARATHA CHAKRAVARTHY, J.
grs 08.01.2026 6/6