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Madras High CourtWP(MD)/9073/2024disposed of

Balaji N v. The Managing Director

2024-04-12Honourable Ms Justice R.N.Manjula5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2024

CORAM

THE HONOURABLE MRS.JUSTICE R.N.MANJULA N.Balaji ... Petitioner Vs

1. The Managing Director, Tamil Nadu Transport Corporation (Kumbakonam) Ltd., 16, Railway Station New Road, Kumbakonam.

2. The General Manager, Tamil Nadu Transport Corporation (Kumbakonam) Ltd., 51/1, Pillai Thaneer Pandhal, Pudukottai Region, Pudukottai District.

3. The Special Joint Commissioner of Labour, Chennai-600 006.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st and 2nd respondent to pay full last drawn wages as provided under section 17(B) of the Industrial Dispute Act, within stipulated period of time fixed by this Court. For Petitioner : Mr. K.Gokul For Respondents : Mr.K.Jagadeesh Pandian Standing Counsel 1/5

ORDER

The petitioner has filed this writ petition seeking to issue a direction to the respondents 1 and 2 to pay the full last drawn wages as provided under section 17(B) of the Industrial Dispute Act. 2.Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents. Perused the materials available on record.

3.The petitioner was working in the respondent Corporation. Pursuant to the charge memo issued by the respondents, the petitioner was placed under suspension vide proceedings of the second respondent, dated 26.05.2022. Now, the petitioner is not working in any other establishment and has no source of income. In order to settle his backwages as per Section 17(B) of the Industrial Dispute Act, he has made a representation before the respondents 1 and 2 and the same was not considered. 4.When the matter was taken up for hearing, the learned counsel for the petitioner submitted that it would suffice if the representation submitted 2/5

by the petitioner is considered by the respondents within the time limit stipulated by this Court.

5.In view of the above said submission and considering the limited scope of the prayer sought for by the petitioner, this Court without going into the merits of the matter, directs the respondents 1 and 2 to consider the representation of the petitioner, dated 11.03.2024 and pass appropriate orders in accordance with law, within a period of eight (8) weeks from the date of receipt of copy of this order.

6.With the above direction, this writ petition stands disposed of. There shall be no order as to costs.

12.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM 3/5

To

1. The Managing Director, Tamil Nadu Transport Corporation (Kumbakonam) Ltd., 16, Railway Station New Road, Kumbakonam.

2. The General Manager, Tamil Nadu Transport Corporation (Kumbakonam) Ltd., 51/1, Pillai Thaneer Pandhal, Pudukottai Region, Pudukottai District.

3. The Special Joint Commissioner of Labour, Chennai-600 006.

4/5

R.N.MANJULA, J.

PNM ORDER IN 12.04.2024 5/5