L.Banumathi v. The Superintendent

in W.P. No. 24370 of 2016 P.D. AUDIKESAVALU, J.

The employer has challenged the award dated 28.01.2016 in I.D. Nos. 17 to 30 of 2014 passed by the Central Government Industrial Tribunal, Chennai (hereinafter referred to as 'the Labour Court' for short) in the Writ Petition. In this Miscellaneous Petition filed under Section 17-B of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act' for short), the employee has sought for payment of her last drawn wages during the pendency of the Writ Petition.

2.

It has been asserted by the employee in her affidavit that she has not been gainfully employed elsewhere from the time of filing of the Writ Petition. Though the employer has been served with a copy of the Miscellaneous Petition on 13.07.2017, no Counter-Affidavit has been filed by the employer controverting the claim made by the employee so far. In such circumstances, the employer shall make payment of the last drawn wages under Section 17-B of the Act to the employee from the time of filing of the Writ Petition, i.e., 13.07.2016, onwards on the due dates from August 2022 onwards until further 1/3

orders and the arrears till July 2022 shall be paid by 31.12.2022 along with working-sheet showing its calculation in that regard. If the employee is at anytime reinstated in service by the employer, she shall from then onwards be entitled to be paid wages in terms of the award dated 28.01.2016 in I.D. Nos. 17 to 30 of 2014 passed by the Labour Court.

This Miscellaneous Petition is ordered on the aforesaid terms. 16.08.2022 12/28 vjt 2/3

P.D. AUDIKESAVALU, J.

vjt in W.P. No. 24370 of 2016 16.08.2022 12/28 3/3