M.Sumathi v. The President
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction ) Monday, the Twentieth day of June Two Thousand Twenty Two PRESENT THE HON`BLE MR.JUSTICE D.KRISHNAKUMAR WMP.No.10135 of 2022 in W.P.No.6201 of 2022 M.SUMATHI [ PETITIONER ] Vs 1 THE PRESIDENT [ RESPONDENTS ] C.4778 C.S.I. EMPLOYEE'S THRIFT AND CREDIT SOCIETY, ARAKKONAM.
2 THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES, VELLORE REGION, VELLORE.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to direct the 1st respondent to pay the last drawn wages under section 17B of the Industrial Dispute Act, 1947 from 22.04.2017 till reinstatement and continue to pay the wages every month [in WMP.No.10135/2022] till the disposal of the W.P.No.6201/2022 Order : This Miscellaneous petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.L.P.SHANMUGASUNDARAM, Advocate for the petitioner and of M/S.L.CHANDRAKUMAR, Advocate for the 1st Respondent and of M/S.T.CHEZHIYAN, ADDITIONAL GOVERNMENT PLEADER on behalf of the 2nd Respondent, the court made the following order:- According to the petitioner, she has filed an application under 17B of the Industrial Dispute Act, 1947 claiming payment of 50 percent of the last drawn salary.
2. Mr. L. Chandrakumar, learned counsel appearing for the first respondent would submit that the petitioner employee is entitled for the payment of the last drawn salary from the date of filing of the writ petition.
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3. The learned counsel for the petitioner has submitted that the petitioner has no other employment. Therefore, she is entitled for the payment of the last drawn salary as per the Award passed by the Revisional Authority.
4. Therefore, in view of the above, the petitioner is entitled for the relief under Section 17B of the Industrial Dispute Act. The first respondent is directed to pay the last drawn salary to the petitioner from the date of filing of the writ petition and settle the arrears amount within a period of four weeks from the date of receipt of a copy of this order. The first respondent is directed to pay the said last drawn salary to the petitioner on or before 10th day of every succeeding english calender month.
5. With the above observations, miscellaneous petition is allowed.
-sd/- 20/06/2022 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE PRESIDENT C.4778 C.S.I. EMPLOYEES THRIFT AND CREDIT SOCIETY, ARAKKONAM.
2 THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES, VELLORE REGION, VELLORE.
C.C. to M/S.L.P.SHANMUGASUNDARAM, Advocate, SR.No.4741/2022. Order in WMP.No.10135 of 2022 in W.P.No.6201 of 2022 Date :20/06/2022 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RA 29/06/2022 https://hcservices.ecourts.gov.in/hcservices/