Madras High CourtWMP/38873/2024ordered

S.Aadhikesavan v. The Management

2024-12-19Honourable Mr Justice D.Bharatha Chakravarthy9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Aadhikesavan .. Petitioner in W.M.P.No.38873 of 2024 in W.P.No.17571 of 2024 R.Krishnamurthy .. Petitioner in W.M.P.No.38877 of 2024 in W.P.No.17563 of 2024 R.Thirumalai .. Petitioner in W.M.P.No.38869 of 2024 in W.P.No.17561 of 2024 C.Vinukumar .. Petitioner in W.M.P.No.38872 of 2024 in W.P.No.17569 of 2024 E.Ramu .. Petitioner in W.M.P.No.38876 of 2024 in W.P.No.17566 of 2024 1/9

Versus

The Management, CASTURN VALVES (P) Ltd., No.241, 10th Cross Street, Sidco Industrial Estate, Ambattur, Chennai - 600 098.

.. Respondents (in all the cases) Prayer in W.M.P.No.38873 of 2024 in W.P.No.17571 of 2024 : Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, pleased to direct the respondent management to pay every month Rs.5,500/- which is last drawn full salary from the date of the award i.e., 29.12.2023 onwards under Section 17B of the Industrial Disputes Act, 1947. Prayer in W.M.P.No.38877 of 2024 in W.P.No.17563 of 2024 : Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, pleased to direct the respondent management to pay every month Rs.16,080/- which is last drawn full salary from the date of the award i.e., 29.12.2023 onwards under Section 17B of the Industrial Disputes Act, 1947. Prayer in W.M.P.No.38869 of 2024 in W.P.No.17561 of 2024 : Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, pleased to direct the respondent management to pay every month 2/9

Rs.11,900/- which is last drawn full salary from the date of the award i.e., 29.12.2023 onwards under Section 17B of the Industrial Disputes Act, 1947. Prayer in W.M.P.No.38872 of 2024 in W.P.No.17569 of 2024 : Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, pleased to direct the respondent management to pay every month Rs.15,220/- which is last drawn full salary from the date of the award i.e., 29.12.2023 onwards under Section 17B of the Industrial Disputes Act, 1947. Prayer in W.M.P.No.38876 of 2024 in W.P.No.17566 of 2024 : Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, pleased to direct the respondent management to pay every month Rs.5,500/- which is last drawn full salary from the date of the award i.e., 29.12.2023 onwards under Section 17B of the Industrial Disputes Act, 1947. For Petitioner : Mr.S.Kumaraswamy (in all the cases) For Respondents : Mr.L.Chandrakumar (in all the cases) COMMON ORDER 3/9

In all these matters, the award of the Labour Court is in question.

2. By the said award, the management is directed to reinstate the petitioners with full back-wages, continuity of service and other attendant benefits. The workmen have filed these Miscellaneous Applications for payment of last drawn wages under Section 17B of the Industrial Disputes Act, 1947.

3. In the affidavits filed in support of the applications, in paragraph No.5, it is specifically pleaded that the workmen remained without any gainful employment.

4. In that view of the matter, these Writ Miscellaneous Petitions are ordered (a) directing the management to pay the last drawn pay of :- (i) Rs.5,500/- to the petitioner in W.M.P.No.38873 of 2024 in W.P.No.17571 of 2024;

(ii) Rs.16,080/- to the petitioner in W.M.P.No.38877 of 2024 in W.P.No.17563 of 2024;

4/9

(iii) Rs.11,900/- to the petitioner in W.M.P.No.38869 of 2024 in W.P.No.17561 of 2024;

(iv) Rs.15,220/- to the petitioner in W.M.P.No.38872 of 2024 in W.P.No.17569 of 2024;

(v) Rs.5,500/- to the petitioner in W.M.P.No.38876 of 2024 in W.P.No.17566 of 2024;

from the month of the filing of the Writ Petitions i.e., from the month of June, 2024 and continue to pay the same until the disposal of the main Writ Petitions;

(b) The arrears shall be paid within a period of 8 weeks from the date of receipt/production of the website uploaded copy of this order; (c) The last drawn pay shall be paid on or before the 5th day of every succeeding calendar month.

19.12.2024 : no 5/9

grs 6/9

To The Management, CASTURN VALVES (P) Ltd., No.241, 10th Cross Street, Sidco Industrial Estate, Ambattur, Chennai - 600 098.

7/9

D.BHARATHA CHAKRAVARTHY, J.

grs 8/9

19.12.2024 9/9