S.Duraikannu v. The Management

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Wednesday, the Twenty Sixth day of June Two Thousand Nineteen PRESENT THE HON`BLE MR JUSTICE V.PARTHIBAN WMP No.6323 of 2019 in WP.No.10985 of 2018 S.DURAIKANNU [ PETITIONER ] Vs 1 THE MANAGEMENT [ RESPONDENTS ] TAMIL NADU STATE TRANSPORT, CORPORATION (KUMBAKONAM) LTD., REP. BY ITS GENERAL MANAGER, TRICHY REGION, TRICHIRAPALLI - 620 001.

2 THE SPECIAL DEPUTY COMMISSIONER OF LABOUR DMS CAMPUS, ANNA SALAI, CHENNAI.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Direct the Writ Petitioner Management either to reinstate the Petitioner or to pay him last drawn wages every month from the date of filing of the Writ Petition (in WMP.No.6323/2019) till the disposal of the above WP.No.10985/2018.

Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.V.AJOY KHOSE, Advocate for the petitioner and of M/S.D.VENKATACHALAM, Advocate for the 1st respondent the court made the following order:- This matter is listed today under the caption 'for being mentioned', at the instance of the learned counsel for the writ petitioner.

2.The learned counsel for the writ petitioner has submitted that the Management/Transport Corporation seeks a clarification as to from which date 17-B wages are to be payable to the workman i.e. from the date of writ petition or from the date of dismissal of the workman.

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3.The learned counsel for the workman has no objection for giving such clarification by this Court, modifying the interim order passed on 04.03.2019.

4.In view of the above submission, it is clarified that the writ petitioner Management is directed to pay the last drawn wages to the workman along with arrears of wages under Section 17-B from the date of writ petition and not from the date of dismissal order passed as against the workman. The order dated 04.03.2019 passed in W.M.P.No.6323 of 2019 in W.P.No.10985 of 2018 is accordingly clarified. -sd/- 26/06/2019 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE GENERAL MANAGER, THE MANAGEMENT TAMIL NADU STATE TRANSPORT, CORPORATION (KUMBAKONAM) LTD.,TRICHY REGION, TRICHIRAPALLI - 620 001.

2 THE SPECIAL DEPUTY COMMISSIONER OF LABOUR DMS CAMPUS, ANNA SALAI, CHENNAI.

C.C. to M/S.V.AJOY KHOSE, Advocate SR.No.7962 C.C. to M/S.D.VENKATACHALAM, Advocate SR.No.7936 Order in WMP.6323/2019 in WP.10985/2018 Date :26/06/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(13/03/2019) KP(05/07/2019) https://hcservices.ecourts.gov.in/hcservices/