Madras High CourtWP(MD)/10952/2025allowed

Murugesan S v. The Management

2025-06-16Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.10952 of 2025 S.Murugesan ... Petitioner Vs.

The Management, Represented by its General Manager, Tamil Nadu State Transport Corporation, (Madurai) Limited, Dindigul Region, By Pass Road, Collectorate Post, Dindigul - 624 004.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to pay the last pay drawn full wages to the petitioner from 05.02.2025 till the pendency of the writ petition in W.P(MD) No.4224 of 2025 on the file of the Hon'ble High Court of Madras, Madurai Bench as per Section 17B of Industrial Disputes Act, 1947 by considering the representation of the petitioner dated 29.03.2025.

For Petitioner : Mr.K.Vinoharan For Respondent : Mr.S.C.Herold Singh Standing Counsel 1/4

O R D E R

The present writ petition has been filed by a Workman seeking a Mandamus to pay full last drawn wages as per Section 17B of Industrial Disputes Act, 1947.

2. A perusal of the records reveal that the petitioner was dismissed from service on 22.05.2023. The Management has approached the Special Joint Commissioner of Labour under Section 33 (2) (b) of Industrial Disputes Act, seeking prior approval for effecting dismissal. This approval application was rejected by the authority by an order dated 10.09.2024. In such circumstances, the workman seeks last drawn full wages.

3. In view of the statutory requirements called for under Section 17B of the Industrial Disputes Act, 1947, the respondent Management is duty bound to pay wages as contemplated the under Section 17B of Industrial Disputes Act, 1947.

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4. In view of the above said deliberations, this Writ Petition stands allowed and the respondent Management is directed to release the eligible wages under Section 17B of Industrial Disputes Act, 1947, from April 2025 onwards. There shall be no order as to costs. 16.06.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To The General Manager, Tamil Nadu State Transport Corporation, (Madurai) Limited, Dindigul Region, By Pass Road, Collectorate Post, Dindigul - 624 004.

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R.VIJAYAKUMAR,J.

ebsi W.P(MD)No.10952 of 2025 16.06.2025 4/4