G.Tamizharasan v. The Management Of Dmc Automotive Private Ltd

W.M.P.No.8646 of 2023 in W.P.No.369 of 2023 W.M.P.No.8646 of 2023 in W.P.No.369 of 2023 M.S.RAMESH, J.

The present application has been filed under Section 17-B of the Industrial Disputes Act, 1947. The respondent/Management was served with the copy of the application on 14.03.2023.

2. In the last hearing, i.e., on 27.03.2023, the Management had taken time to file counter. Today, when the matter was called, learned counsel for the Management has sought further time to file counter. This Court is not inclined to grant further time, in view of the fact that the Award of the Labour Court was passed way back on 29.06.2022 and opportunity was granted to the Management to file counter.

3. In paragraph No.6 of the affidavit filed in support of the petition, the petitioner has stated that he is not in gainful employment after the Award of the Labour Court was passed. In the absence of any counter statement of the Management, the averments in the petitioner's affidavit is hereby accepted.

4. Section 17-B of the Industrial Disputes Act, 1947 provides that in cases where an award of reinstatement was passed and the workman is not gainfully employed thereafter, he would be entitled for the last drawn wages subject to the filing of an affidavit to that effect. Such an entitlement shall ordinarily be from the date of https://www.mhc.tn.gov.in/judis filing of the writ petition by the Management challenging the Award.

W.M.P.No.8646 of 2023 in W.P.No.369 of 2023 M.S.RAMESH, J.

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5. By taking consideration of the statement made by the workman in the affidavit, this Court is of the view that the petitioner is entitled for last drawn wages from 03.01.2023, which is the date on which, the writ petition was filed.

6. Accordingly, there shall be a direction to the respondent/Management to forthwith pay the arrears of last drawn wages under Section 17-B of the Industrial Disputes Act, 1947 to the petitioner/workman from 03.01.2023 onwards within a period of two weeks from the date of receipt of a copy of this order. Thereafter, the respondent/Management shall continue to pay the last drawn wages on or before 5th of every succeeding month, pending disposal of the present writ petition. With the above direction, WMP No.8646 of 2023 is ordered. 11.04.2023 1/2 sr W.M.P.No.8646 of 2023 in WP No.369 of 2023 https://www.mhc.tn.gov.in/judis