The Chariman And Managing v. The Presiding Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction ) Wednesday, the Nineteenth day of July Two Thousand Seventeen PRESENT THE HON`BLE MR JUSTICE S.M. SUBRAMANIAM WMP No.549,5207 & 5208 of 2017 IN WP.524/2017 1 THE CHARIMAN AND MANAGING [ PETITIONER IN WMP NO.549/17] DIRECTOR, INDIAN BANK, [1ST RESPONDENT IN WMP.5207 & 5208/17] CORPORATE OFFICE, 254260, AVVAI SHANMUGAM SALAI, ROYAPETTAH, CHENNAI 600 014.
VS 1 THE PRESIDING OFFICER, [1ST RESPONDENT IN WMP NO.549/17] CENTRAL GOVT. INDUSTRIAL [2ND RESPONDENT IN WMP.5207 & 5208/17] TRIBUNAL CUM LABOUR COURT, I FLR, B WING 26 HADDOWS ROAD SHASTRI BHAVAN, CHENNAI 600 006.
2 GENERAL SECRETARY, [2ND RESPONDENT IN WMP NO.549/17] INDIAN BANK EMPLOYEES [PETITIONER IN WMP.5207 & 5208/17] ASSOCIATION, NO.17, AMEERJAN STREET, CHOOLAIMEDU, CHENNAI 600 094.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (1)To stay the operation of the Award made in ID. No. 71 of 2015 dated 29.08.2016 on the file of the 1st Respondent (in WMP No.549 of 2017 IN WP.524/2017) (2)To Vacate the Order of Status Quo granted on 09.01.2017 in WMP No.549 of 2017 in WP No.524 of 2017.(in WMP No.5207 of 2017 IN WP.524/2017) (3)To Direct the 1st Respondent Bank to pay Rs.7403/- every month to the workman concerned in this Writ Petition viz., N.Deivanidhi under Section 17-B of the Industrial Disputes Act 1947
(in WMP No.5208 of 2017 IN WP.524/2017)till the disposal of the WP.524/2017 Order : These petitions coming on for orders upon perusing the petitions and the respective affidavit filed in support thereof and upon hearing the arguments of M/S.RETA CHANDRASEKAR, for M/S.AIYAR AND DOLIA, Advocate for the petitioner IN WMP NO.549/17 and 1ST RESPONDENT IN WMP.5207 & 5208/17 and of M/S.BALAN HARIDAS, Advocate on behalf of the 1ST RESPONDENT IN WMP NO.549/17 and 2ND RESPONDENT IN WMP.5207 & 5208/17 in the court made the following order:- Heard the learned counsel for the writ petitioner and the learned counsel appearing for the respondents. 2.There is a dispute in respect of the last pay drawn by the members of the respondent-Association. The learned counsel appearing on either side are unable to provide a clear picture with regard to the last drawn wages drawn by the employees. However, the learned counsel appearing for the writ petitioner-Bank submitted that the members of the respondent-Association were receiving Rs.60/- per day as Part-time Sweepers.
3.Considering the aforesaid submissions, this Court is of the opinion that a sum of Rs.2,000/- per month as last drawn wages per member of the respondent-Association, shall be fixed to mitigate the circumstances, till the final orders are passed in this Writ Petition.
(*) 4.Accordingly, the writ petitioner-Bank is directed to pay Rs.2,000/- per month as last drawn wages to the member of the respondent-Association, from the date of filing of the Writ Petition, along with the arrears, within a period of four weeks from the date of receipt of a copy of this order, pending disposal of the Writ Petition. All other disputes and issues can be adjudicated at the time of final disposal of the Writ Petition.
The above Writ Miscellaneous Petitions are disposed of on the above terms. Post the Writ Petition for final disposal, after four weeks.
-sd/- 19/07/2017 / TRUE COPY / (*) BEING MENTIONED AS PER ORDER OF THIS COURT DATED 21.08.2017 BY SMSJ (REGARDING IN THE ORDER PORTION) Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE PRESIDING OFFICER, CENTRAL GOVT. INDUSTRIAL TRIBUNAL CUM LABOUR COURT, I FLR, B WING 26 HADDOWS ROAD SHASTRI BHAVAN, CHENNAI 600 006.
2 GENERAL SECRETARY, INDIAN BANK EMPLOYEES ASSOCIATION, NO.17, AMEERJAN STREET, CHOOLAIMEDU, CHENNAI 600 094.
3 THE CHAIRMAN AND MANAGING DIRECTOR INDIAN BANK EMPLOYEES ASSOCIATION NO.17, AMEERJAN STREET CHOOLAIMEDU CHENNAI 600 094 C.C. to M/S.AIYAR AND DOLIA Advocate on payment of necessary charges C.C. to M/S.BALAN HARIDAS Advocate SR.NO.9506 Order in WMP No.549,5207 & 5208 of 2017 IN WP.524/2017 Date :19/07/2017 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format T.R (24/07/2017) SDR 24.08.2017