N.Balaji v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.01.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY in W.P.No.28087 of 2024 N.Balaji ... Petitioner Vs.
1.The Managing Directorate Tamil Nadu State Transport Corporation (Kumbakonam) Limited Pudukottai Region 51/1, Pillai Thanneer Pandhal Thirumayam Road Pudukottai 622 001.
2.The Special Joint Commissioner of Labour DMS Campus Anna Salai Chennai.
...Respondents
Prayer : Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, to pass an order directing the petitioner/first respondent 1/7
to pay the last drawn wages under Section 17B of the Industrial Disputes Act, 1947 and other allowances from the date of filing the Writ Petition i.e., 19.08.2024 pending disposal of the above Writ Petition in W.P.No.28087 of 2024.
For Petitioner : Mr.N.Desinghu For Respondents : Mr.Murali Vinoth for R1 Mr.K.Tamil Vendan for R2 Government Advocate
ORDER
This Writ Petition is filed challenging the refusal of the approval petition filed under Section 33 (2) (b) of the Industrial Disputes Act. When the approval has been refused and the management is challenging the same, it goes without saying that as on date the Workman will be entitled to wages under Section 17B of the Industrial Disputes Act 1947.
2. The learned counsel appearing on behalf the Corporation would submit that he will ascertain whether the Workman is gainfully employed or not. The Workman has filed an affidavit before this Court that he 2/7
is not otherwise gainfully employed. The affidavit was served on the management as early as on 19.12.2024.
3. When there is no counter affidavit forthcoming that the Workman is otherwise gainfully employed, the contention of the workman is accepted. Even if the management subsequently comes to know that he is otherwise gainfully employed with appropriate proof, the management can move the petition to reopen this petition. As on date, I hold that the Workman is not otherwise gainfully employed and therefore he is entitled to the last drawn wages. Therefore, the management is directed to pay the last drawn wages from the month of August 2024. The arrears shall be paid within a period of 8 weeks from the date of receipt/production of the website uploaded copy of the order without waiting for the certified copy of the order. The monthly 17B wages shall be paid on or before 5th of every succeeding month and ordered accordingly.
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To 1.The Managing Directorate Tamil Nadu State Transport Corporation (Kumbakonam) Limited Pudukottai Region 51/1, Pillai Thanneer Pandhal Thirumayam Road Pudukottai 622 001.
2.The Special Joint Commissioner of Labour DMS Campus Anna Salai Chennai.
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D.BHARATHA CHAKRAVARTHY , J.
dna in W.P.No.28087 of 2024 6/7
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