Five Men Committee, v. The Management,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction ) Wednesday, the Sixteenth day of February Two Thousand Twenty Two PRESENT THE HON`BLE MR.JUSTICE M.S.RAMESH WMP.NO.22471 OF 2021 IN WP.NO.2516 OF 2011 FIVE MEN COMMITTEE, [ PETITIONER ] TAMIL NADU STATE TRANSPORT CORPORATION EMPLOYEES, VIZHUPURAM DIVISION-II, VELLORE - 632 009 Vs 1 THE MANAGEMENT, [ RESPONDENTS ] TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURAM-II) LIMITED, VELLORE REGION, RANGAPURAM, VELLORE-632 009, REP.BY ITS GENERAL MANAGER 2 THE PRESIDING OFFICER, PRINCIPAL LABOUR COURT, VELLORE DISTRICT, VELLORE.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to direct the Registry, High Court, Madras to disperse the amount of Rs.55,400/- each in favour of (*)1.M.ANNADURAI, 2.N.SUNDARAMOORTHY, 3.V.SANKAR, 4.G.PICHANDI, 5.B.RAVICHANDRAN, 6.M.MANOGARAN, 7.V.VAIKUNTHAN, 8.V.EKAMBARAM, 9.S.KESAVEL, 10.K.LAZER AND 11.K.MOORTHY which is deposited as per order dated 31.08.2018 passed in WP.No.2516 of 2011 and MP.No.1 of 2011 and 1 of 2012 and MP.No.11 of 2012 (WMP.NO.22471/2021 in WP.NO.2516/2011) (11 WORKMEN NAMES AMENDED VIDE ORDER DATED 29.04.2022 MADE IN WMP.10049/2022 IN WMP.22471/2021 IN WP.2516/2011 BY MSRJ) 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.S.T.VARADARAJALU, Advocate for the petitioner and of MR.G.SARAVANA KUMAR, Advocate for the 1st Respondent, the court made the following order:-
Pursuant to the order of this Court dated 31.08.2018 passed in W.P.No.2516 of 2011, the management had deposited a sum of Rs.6,09,400/- before the Registrar of this Court to the credit of W.P.No.2516 of 2011, which amount is the arrears of the last drawn wages to be payable under Section 17B of the Industrial Disputes Act, 1947, to the workmen.
2. The payment of last drawn wages under Section 17B is a statutory requirement. While the workmen, who have the benefit of award of reinstatement, claim that they were not gainfully employed after the award was passed, the management has not filed any counter affidavit refuting their claim of not being gainfully employed. As such, the workmen would be entitled for the arrears of 17B wages lying in deposit before this Court.
3. The learned counsel appearing on behalf of the workmen had placed reliance on paragraph 7 of the affidavit filed in support of the present miscellaneous petition and submitted that out of the 11 workmen involved in this claim, each of them have agreed to receive a sum of Rs.55,400/- equally.
4. Accordingly, the workmen are permitted to make individual representations to the Registrar General of the Madras High Court, seeking for withdrawal of the arrears of back wages and on receipt of such a representation, the Registrar General shall disburse a sum of Rs.55,400/- to each of the 11 workmen connected with the cause of action in W.P.No.2516 of 2011, preferably within a period of one (1) week from the date of receipt of such a representation.
5. The Writ Miscellaneous Petition stands ordered, accordingly.
-sd/- 16/02/2022 / TRUE COPY / (*)[AMENDED ORDER COPY ISSUED AS PER THE ORDER OF THIS COURT DATED 29/04/2022 BY MSRJ] Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE GENERAL MANAGER THE MANAGEMENT, TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURAM-II) LIMITED, VELLORE REGION, RANGAPURAM, VELLORE-632 009,
2 THE PRESIDING OFFICER, PRINCIPAL LABOUR COURT, VELLORE DISTRICT, VELLORE.
COPY TO:
1 THE REGISTRAR GENERAL, HIGH COURT, MADRAS - 600 104 2 THE SECTION OFFICER, ACCOUNTS SECTION, HIGH COURT, MADRAS - 600 104 C.C. to M/S.S.T.VARADARAJALU, Advocate SR.NO.3826/2022 Order in WMP.NO.22471 OF 2021 IN WP.NO.2516 OF 2011 Date :16/02/2022 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format PM(18/02/2022) IT PM(24/03/2022) PM(10/05/2022)