Gayathri v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Thursday, the Seventh day of February Two Thousand Nineteen PRESENT THE HON`BLE MR JUSTICE V. PARTHIBAN WMP No.35039 of 2018 IN WP.NO.16398/2018 GAYATHRI [ PETITIONER ] Vs 1 THE MANAGING DIRECTOR [ RESPONDENTS ] M/S.RANE MADRAS LIMITED, NO.77, THIRUBHUVANAI MAIN ROAD, PUDUCHERRY-605 107, REP BY ITS HEAD HUMAN RESOURCES, T.A.

DAYALAN 2 THE PRESIDING OFFICER INDUSTRIAL TRIBUNAL CUM LABOUR COURT, PUDUCHERRY Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an interim direction, directing the 1st respondent to pay the petitioner full last drawn wages or the minimum wages as may be applicable from time to time which so ever is higher from the date of award under Section 17B of the Industrial Dispute Act and continue to pay the wages in future on or before 10th of every month during the pendency of the (WMP.35039/2018) Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.P.R.

THIRUNEELAKANDAN, Advocate for the petitioner the court made the following order:- The present writ petition is filed against the award passed by the Industrial Tribunal-cum-Labour Court, Pondicherry, in I.D.(L). No.47 of 2015, dated 20.03.2018, ordering reinstatement of the second respondent/worker with 30% back wages. 2.This Court admitted the writ petition on 04.07.2018 and ordered notice in the stay petition.

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3.On behalf of the second respondent/worker, the present W.M.P.No.35039 of 2018 is filed under Section 17-B of the Industrial Disputes Act, seeking direction to the petitioner Management for payment of last drawn wages. In view of the stay being granted by this Court in W.M.P.No.19553 of 2018, dated 07.02.2019, this Court is of the view that the 17-B petition needs to be allowed. The petitioner/Management is directed to pay the last drawn wages to the second respondent/worker pending disposal of the writ petition.

This Miscellaneous Petition shall stand allowed accordingly. Post the writ petition for final hearing in the firs week of March 2019.

-sd/- 07/02/2019 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE MANAGING DIRECTOR M/S.RANE MADRAS LIMITED, NO.77, THIRUBHUVANAI MAIN ROAD, PUDUCHERRY-605 107, REP BY ITS HEAD HUMAN RESOURCES, T.A.DAYALAN 2 THE PRESIDING OFFICER INDUSTRIAL TRIBUNAL CUM LABOUR COURT, PUDUCHERRY C.C. to M/S.P.R.THIRUNEELAKANDAN Advocate on payment of necessary charges Order in WMP.35039/2018 in WP.16398/2018 Date :07/02/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RRI 25/02/2019 https://hcservices.ecourts.gov.in/hcservices/