S.Gunasekaran v. The Management Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-12-2025
CORAM
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.M.P.No.29699 of 2025 in W.P.No.16032 of 2025 S.Gunasekaran Petitioner(s) Vs The Management Sanmina-SCI India Private Limited, OZ-1, SIPCOT Hi-Tech SEZ, Oragadam, Sriperumbudur Taluk, Kanchipuram District 602105.
Rep.by its authorised signatory Respondent(s) For Petitioner:
Mr.S.Kumaraswamy For Respondent:
Mr.C.Manohar Gupta
ORDER
This is an application filed under Section 17B of the erstwhile Industrial Disputes Act, 1947, corresponding to Section 56 of the Industrial Relations Code, 2020.
2. The petitioner seeks a direction to the respondent management to pay his last drawn wages of Rs.23,973/-. In paragraph No. 5 of the affidavit, the petitioner has asserted that he is not in any gainful employment and is only taking up odd jobs that come his way for a few days in a month to survive.
3. A counter affidavit is filed by the respondent management. In paragraph No.13, it is contended that the petitioner/workman is working in a company known as HR Team Solutions from 19.01.2021 and that he has suppressed the said fact.
4. The rejoinder affidavit is filed denying the same. It can be seen that neither the address nor any other particulars of the said company have been furnished, nor has any proof been filed on behalf of the management.
5. Mr.C.Manohar Gupta, the learned counsel appearing on behalf of the management, would submit that if sufficient opportunity is granted, the respondent management will muster evidence in respect of their claim and
produce the same before the Court.
6. I have considered the pleadings and the rival submissions made on either side.
7. In an application under Section 17B of the Act/Section 56 of the Code, it is for the workman to plead that they are not gainfully employed. Once such an affidavit is brought on record, the onus is on the management to prove to the satisfaction of the Court that the workman is otherwise gainfully employed so as to be disentitled to 17B wages during the pendency of the proceedings. Though an averment is made in the counter affidavit, when the same is denied by the workman, the management has not produced any further proof in support of their plea. In that view of the matter, the application has to be allowed.
8. The respondent management shall pay the 17B wages from the date of filing of the writ petition. The writ petition was filed on 21.04.2025. As such, let the last drawn wages be paid from the month of May 2025. The arrears of last
drawn wages shall be paid on or before 09.12.2025. From that month onwards, the 17B wages shall be paid on or before the 10 th day of every succeeding calendar month.
9. Accordingly, W.M.P.No. 29699 of 2025 is ordered. 03-12-2025 2/4 nsl
D.BHARATHA CHAKRAVARTHY J.
nsl W.M.P.No.29699 of 2025 in WP No. 16032 of 2025
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