T.Rajapaul v. The General Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction ) Thursday, the Twenty Eighth day of October Two Thousand Twenty One PRESENT THE HON`BLE MR.JUSTICE M.S.RAMESH WMP.No.20854 of 2019 IN WP.No.1582 of 2019 MR.T.RAJAPAUL [ PETITIONER ] Vs THE GENERAL MANAGER, [ RESPONDENT ] STATE EXPRESS TRANSPORT CORPORATION, TAMIL NADU LIMITED, PALLAVAN SALAI, CHENNAI - 2.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to direct the respondent to pay the payment of full wages last drawn of the Petitioner from 26.08.2011 to till date to the Petitioner as per Section 17(b) of the Industrial Dispute Act, (IN WMP.No.20854/2019) pending disposal of the above WP.No.1582/2019. Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.S.PARTHASARATHY, Advocate for M/S.DAVID SINGH I., Advocate for the petitioner and of MR.K.KATHIRESAN, Advocate for the Respondent, the court made the following order:- Through an order dated 23.07.2018, the management's request for approving the dismissal order came to be rejected. As such, the petitioner herein would be entitled for payment of the last drawn wages under Section 17-B of the Industrial Disputes, Act, 1947.
2. In an additional affidavit filed by the petitioner, dated 13.10.2021, the petitioner has stated that he has not been gainfully employed after the rejection of the approval petition.
3. In view of the same, the respondent-corporation is called upon to pay the last drawn wages to the petitioner commencing from the date of filing of the writ petition, i.e., from 10.01.2019, and continue to pay the same till the disposal of the present writ https://hcservices.ecourts.gov.in/hcservices/
petition. The arrears of the wages under Section 17-B shall be paid to the petitioner, atleast within a period of 2 weeks from the date of receipt of a copy of this order. Accordingly, the writ miscellaneous petition stands ordered.
5. Post the writ petition for final disposal on 01.12.2021. -sd/- 28/10/2021 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO THE GENERAL MANAGER, STATE EXPRESS TRANSPORT CORPORATION, TAMIL NADU LIMITED, PALLAVAN SALAI, CHENNAI - 2 +2 C.C. to M/S.I.DAVID SINGH, Advocate SR.NO.5599 and 6230/2021 Order in WMP.No.20854 of 2019 IN WP.No.1582 of 2019 Date :28/10/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format TP(02/11/2021) https://hcservices.ecourts.gov.in/hcservices/