D.Senthil Kumar, v. The Management Of Yazaki
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.8097 of 2017 in WP.30597 of 2015 D.SENTHIL KUMAR [ PETITIONER ] Vs 1 THE MANAGEMENT, [ RESPONDENTS ] M/S. YAZAKI WIRING TECHNOLOGIES PVT. LTD, REP. BY ITS CHIEF FINANCIAL OFFICER D-7, INDUSTRIAL ESTATE, MARAIMALAI NAGAR, KANCHEEPURAM DISTRICT - 603 209. 2 PRESIDING OFFICER, THE SECOND ADDITIONAL LABOUR COURT, CHENNAI.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant Ad-Interim Direction, directing the 1st Respondent / Writ Petitioner to pay the Petitioner / 2nd Respondent last drawn wages from the date of dismissal as per Section 17B of the Industrial Disputes Act 1947,(in WMP.No.8097 of 2017)pending disposal of the above WP.30597 of 2015.
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.R.ANAND KUMAR, Advocate for the petitioner and of MR.ANAND GOPALAN, Advocate for M/S.T.S.GOPALAN & CO., on behalf of the 1st Respondent, the court made the following order:- Under Section 17-B of the Industrial Disputes Act, 1947, whenever the Labour Court directs reinstatement of the workman or the authority rejects the Approval Petition under Section 33(2)(b) of the Act, which award/rejection order have been challenged before the High Court or the Hon'ble Supreme Court and the workman was not gainfully employed in any establishment during such period and has filed a duly sworn in affidavit substantiating that he was not gainfully employed 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.
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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 award was passed on 29.01.2015 and the Management had challenged the same in this writ petition on 28.09.2015. Since the delay in filing the writ petition is less than one year, it cannot be construed as inordinate in nature and consequently, the workman would be entitled for payment of the last drawn wages from the date of filing the writ petition. The workman herein has also filed an affidavit before this Court, wherein he has stated that he was not gainfully employed during the relevant period.
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, commencing from 28.09.2015 (i.e.,) from the date of filing the writ petition and continue to pay the same till the final decision of this Court in this 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 THE PRESIDING OFFICER, THE SECOND ADDITIONAL LABOUR COURT, CHENNAI.
C.C. to MR.R.ANAND KUMAR, Advocate SR.No.6373/2021 Order in WMP.No.8097 of 2017 in WP.30597 of 2015 Date :02/11/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format GS(12/11/2021) https://hcservices.ecourts.gov.in/hcservices/