V.Balasubramanian v. The Tamil Nadu State
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction ) Thursday, the Twenty Seventh day of September Two Thousand Eighteen PRESENT THE HON`BLE DR.JUSTICE S.VIMALA WMP No.4875 of 2018 IN WP.11457/2017 V.BALASUBRAMANIAN [ PETITIONER ] Vs 1 THE TAMIL NADU STATE [ RESPONDENTS ] TRANSPORT CORPORATION (VILLUPURAM) LTD., VAZHUTHAREDDY, SALAMEDU, VILLUPURAM REGION, VILLUPURAM 605 602 2 THE SPECIAL DEPUTY COMMISSIONER OF LABOUR, D.M.S.COMPOUND, CHENNAI Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Direct the Petitioner Corporation to pay wages every month from the date of Writ Petition till the disposal of Writ Petition or till the date of reinstate the Petitioner / 1st Respondent in WP.No.11457 of 2017.
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.D.VEERASEKARAN, Advocate for the petitioner and of MR.A.ANTONY AROCIKARAJ, Advocate for the Respondents, the court made the following order:- In respect of the dispute raised by the workman, the labour court has passed an award dated 01.06.2016 in Approval Application No.4 of 2014, refusing to accord approval for dismissal of the workman from service. This award is in challenge in the writ petition.
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2. Pending disposal of the above writ petition, the workman has filed the present miscellaneous petition claiming wages under Section 17-B of the Industrial Disputes Act. The last drawn wages as stated in the affidavit filed in support of the petition is Rs.16,630/- (Rupees sixteen thousand six hundred and thirty only) per month. It is the statutory amount to be paid by the employer.
3. Heard both sides.
4. Considering the facts and circumstances of the case, the management is directed to pay wages under Section 17-B wages of the Industrial Disputes Act. Accordingly, the management is directed to pay the arrears of 17-B wages (last drawn wages) from the date of the filing of the writ petition till the disposal of the writ petition, within a period of two weeks from the date of receipt of a copy of this order and for the subsequent period, the 17-B wages shall be paid on the 10th day of every succeeding English calender month.
5. The WMP is ordered accordingly.
-sd/- 27/09/2018 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURAM) LTD., VAZHUTHAREDDY, SALAMEDU, VILLUPURAM REGION, VILLUPURAM 605 602 2 THE SPECIAL DEPUTY COMMISSIONER OF LABOUR, D.M.S.COMPOUND, CHENNAI C.C. to M/S.D.VEERASEKARAN Advocate SR.NO.11758 C.C. to MR.A.ANTONY AROCIKARAJ, on payment of necessary charges Order in WMP.4875/2018 in WP.11457/2017 Date :27/09/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RRI 27/09/2018 [IT] https://hcservices.ecourts.gov.in/hcservices/