Arumugam.T v. Tamilnadu State Transport Corporation(Salem)Ltd,
WMP NO. 27380 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-07-2025
CORAM
THE HONOURABLE MS. JUSTICE P.T. ASHA WMP NO. 27380 of 2025 IN WP NO. 5119 OF 2025 Arumugam.T S/o.Thangavel, Chitheri Post, Athur Taluk, Salem District-636007 Petitioner(s) Vs Tamilnadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishnan Road, Salem-636007 and another Respondent(s) Prayer : Writ Miscellaneous Petition filed under Article 226 of the Constitution of India praying to direct the first respondent/petitioner to pay the last drawn wages U/s.17B of Industrial Dispute Act, 1947 and other allowances from the date of filing the writ petition i.e., 07.01.2025 pending disposal of the above writ petition in W.P.No.5119 of 2025.
For Petitioner(s) : Mr.N.Desinghu For Respondent(s) : Mr.K.Raja for R1 Ms.M.Jayanthi, Additional Government Pleader for R2
ORDER
The first respondent-Management Corporation had filed A.P.No.93/2020 before the Special Joint Commissioner of Labour, the second respondent herein, seeking approval for removal of the petitioner from its services. This petition came to be rejected by order dated 16.10.2022. Challenging the same, the writ petition is filed by the
Management.
2. Pending disposal of the above writ petition, the workman has filed the present miscellaneous petition to direct the first respondent/Management to pay the last drawn wages under Section 17B of the Industrial Dispute Act and also other allowances from the date of filing the writ petition i.e., on 07.01.2025 till its disposal.
3. According to the petitioner-workman, he had joined the respondent-Corporation as Conductor in the year 2007 and had been denied employment from 17.08.2017, on account of unauthorised absence from 15.02.2017.
4. Heard the learned counsel on either side. It is to be noted that though the petitionerworkman has filed the above miscellaneous petition seeking a direction to the Management to pay him the last drawn wages under Sec.17B of ID Act and other allowances, the affidavit filed in support of the said petition, does not state the figure of his last drawn salary.
5. Considering the fact that the benefit of Section 17B is available to the employee/workman, and it is the statutory amount to be paid by the Management, the Management-first respondent is directed to pay the 17B wages (last drawn wages) from the date of filing 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 17B wages shall be paid on the 10th day of each succeeding month, till the disposal of the writ petition. It is also made clear that the arrears of salary which the petitioner is entitled to prior to the filing of the writ petition, shall be paid within a period of 12 weeks from the date of receipt of a copy of this order.
6. The petition is ordered accordingly.
10-07-2025 (1/2) ds To 1.Tamilnadu State Transport Corporation (Salem) Ltd, No.12, Ramakrishnan Road, Salem-636007 2.The Special Joint Commissioner of Labour DMS Campus Anna Salai Chennai.