Thiru.P.Ramamurthy, v. The Management,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction ) Tuesday, the Second day of November Two Thousand Twenty One PRESENT THE HON`BLE MR.JUSTICE M.S.RAMESH WMP.No.24993 of 2021 IN WP.No.18931 of 2016 P.RAMAMURTHY, [ PETITIONER ] EX-MTC DRIVER, NO.11, KANNIAMMAN KOIL STREET, CHENNAI-602 018.
Vs 1 THE MANAGEMENT, [ RESPONDENTS ] METROPOLITAN TRANSPORT CORPORATION (CHENNAI) LTD, PALLAVAN ILLAM, ANNA SALAI, CHENNAI-600 002 2 THE SPEICAL DEPUTY COMMISSIONER OF LABOUR, D.M.S. OFFICE, IV FLOOR, TEYNAMPET, CHENNAI-600 006 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 / petitioner to pay last drawn wages of Rs.6916/- to the petitioner under Section 17B of I.D. Act, (IN WMP.No.24993/2021) pending disposal of the WP.No.18931/2016. 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 M/S.T.KARKIVELAN, Advocate for the petitioner and of MR.M.CHIDAMBARAM, Advocate for the 1st Respondent and of MR.S.
from the date of the award/rejection order, the Management is mandated to pay the last drawn wages under Section 17-B of the Act.
2. In a recent order passed in W.M.P.No.21520 of 2021 in W.P.No.1580 of 2021, dated 01.11.2021, this Court had held that such payment of the last drawn wages under Section 17-B, would normally commence from the date of filing of the writ petition and whenever there is an inordinate and unexplained delay on the part of the Management in not challenging the award/rejection of the Approval Petition, such payment would commence from the date of the award/rejection order.
3. In the instant case, the rejection order under Section 33(2) (b) was passed on 12.11.2015 and the Management had challenged the same in this writ petition on 01.06.2016. The delay in filing the writ petition cannot be construed as inordinate in nature. The first respondent herein has also filed an affidavit before this Court, wherein he has stated that he was not gainfully employed during the relevant period and hence, he would be entitled for payment of the last drawn wages from the date of filing of the writ petition.
4. As such, there shall be a direction to the petitioner/Management to pay the workmen the last drawn wages as provided under Section 17-B of the Industrial Disputes Act from the date of filing of the writ petition. The Management shall endeavour to disburse the arrears of such wages, atleast within a period of four weeks from the date of receipt of a copy of this order.
5. Accordingly, the writ miscellaneous petition stands disposed of.
-sd/- 02/11/2021 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE MANAGEMENT, METROPOLITAN TRANSPORT CORPORATION (CHENNAI) LTD, PALLAVAN ILLAM, ANNA SALAI, CHENNAI-600 002
2 THE SPEICAL DEPUTY COMMISSIONER OF LABOUR, D.M.S. OFFICE, IV FLOOR, TEYNAMPET, CHENNAI-600 006 C.C. to M/S.S.T.VARADARAJALU, Advocate SR.NO. 6424/2021. Order in WMP.No.24993 of 2021 IN WP.No.18931 of 2016 Date :02/11/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format TP(12/11/2021)