M.A.Mohamed Nazar v. Tamil Nadu State Transport Corporation (Villupuram) Ltd.,

W.M.P.No.1538 of 2023 in W.P.No.30589 of 2022 W.M.P.No.1538 of 2023 in W.P.No.30589 of 2022 M.S.Ramesh.J., When the present application was listed in the last hearing on 31.03.2023, the learned standing counsel for the Transport Corporation, sought time to file counter. Even today, when the matter is called, no counter has been filed.

2. 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.

3. In the affidavit filed in support of the present application, the petitioner has stated in paragraph 7 that he is not gainfully employed.

4. 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.

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W.M.P.No.1538 of 2023 in W.P.No.30589 of 2022 M.S.Ramesh.J., sr Accordingly, he would be entitled for the last drawn wages from 09.11.2022, when the present Writ Petition was filed.

5. 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 09.11.2022, 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 5th day of every month, till the final disposal of the Writ Petition.

6. Accordingly, the Writ Miscellaneous Petition stands ordered.

7. Post the Writ Petition for final disposal on 22.06.2023. 26.04.2023 1/2 sr W.M.P.No.1538 of 2023 in W.P.No.30589 of 2022 https://www.mhc.tn.gov.in/judis