K.R.Balaji v. M/S. Meyer Organic Pvt Ltd.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR in W.P.(MD)No.22975 of 2019 K.R.Balaji ... Petitioner Vs.

1.M/s. Meyer Organic Private Ltd., Rep by its Authorised Signatory, V.Gopi, A-303, Road No.32, Vaikal Estate, Theni-400 604.

2.The Deputy Labour Commissioner, The Appellate Authority/Deputy Labour Commissioner, (Under the Tamilnadu Shops and Establishments Act), O/o.The Deputy Labour Commissioner, Thiruchirapalli. ... Respondents For Petitioner :

Mr.R.Subramanian For Respondents:

Mr.D.Selvanayagam for R1

O R D E R

No counter affidavit is filed as on date. In the circumstances, as the order passed by the respondent No.2 herein in an appeal filed under Section 41 of "the Tamil Nadu Shops and Establishments Act, 1947" (hereinafter referred to as 1/3

"the Act, 1947"), is stayed at the instance of respondent No.1/Writ Petitioner, it is obligatory on the part of the respondent No.1/Writ Petitioner herein to comply with the statutory obligations under Section 41-A of the Act 1947.

2. As the petitioner herein has specifically averred in the affidavit filed in support of this application contending that he has not gainfully employed anywhere else, this Court is of the considered view that it would be appropriate to direct the respondent No.1/Writ Petitioner to comply with the requirement under Section 41A of the Act, 1947 and pay the last drawn wages to the petitioner herein.

3. In view of the same, the first respondent/Writ Petitioner is directed to comply with the requirement under Section 41-A of the Act, 1947 and pay the last drawn wages to the petitioner, within a period of four weeks from the date of receipt of a copy of this order, since the date of impugned order and continue to pay the same pending disposal of the main Writ Petition. Accordingly, this Writ Miscellaneous Petition is disposed of.

sd/- 24/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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vsm TO THE DEPUTY LABOUR COMMISSIONER, THE APPELLATE AUTHORITY/DEPUTY LABOUR COMMISSIONER, (UNDER THE TAMILNADU SHOPS AND ESTABLISHMENTS ACT), O/O.THE DEPUTY LABOUR COMMISSIONER, THIRUCHIRAPALLI. +1 CC to M/s.R.SUBRAMANIAN, Advocate ( SR-4854[I] dated 25/04/2025 )

ORDER

IN in W.P.(MD)No.22975 of 2019 Date :24/04/2025 NBF/20.05.2025 3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3