S.Kathirvelu v. Serpadi Primary Agricultural Cooperative Credit Society

in W.P.No.34118 of 2023 N.MALA,J.

This petition is filed for a direction to the 1st respondent to deposit the entire arrears of wage amounting to Rs.28,68,376/- to the credit of the writ petition and further direct the 1st respondent to pay the last drawn wages of Rs.7,312/- to the petitioner till the disposal of the writ petition in W.P.No.34118 of 2023.

2. The petitioner in his sworn affidavit has categorically stated that he was not gainfully employed ever since the order of termination passed by the 1st respondent Society and was facing grave untold sufferings. Though the respondent filed a counter there is no denial of the specific averment of the petitioner that the petitioner was not gainfully employed.

3. For the petitioner's claim for arrears of wages of Rs.28,68,376/- the 1st respondent's counter is that the petitioner has wantonly included the 1/3

delay period of 2,104 days in filing the appeal. The respondent referring to the financial difficulties faced by it states that it is not in a position to pay the lumpsum amount demanded.

4. I have considered the pleadings and the submissions of the learned counsels. Under the facts and circumstances of the case, I am of the view that interest of justice would be served if a direction is issued to the 1st respondent to deposit 25% of the total arrears of wages of Rs.28,68,376/- to the credit of the writ petition within a period of six (6) weeks from the date of receipt of a copy of this order. The 1st respondent is further directed to pay the petitioner the last drawn wages of Rs.7,312/- starting from this month and every month thereafter, on or before 10th of every month, till disposal of the writ petition. Petition is accordingly allowed. 14.03.2024 dsn 2/3

N.MALA,J.

dsn in W.P.No.34118 of 2023 14.03.2024 3/3