R.Kannan v. The General Managing / Administrator

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR in W.P(MD)No.15415 of 2025 R.Kannan ... Petitioner/2nd Respondent Vs.

1. The General Manager/ Administrator, Tamil Nadu State Transport Corporation, Madurai Limited, Madurai Zone, Bye Pass Road, Madurai - 625 010.

. .. 1st Respondent/ Petitioner

2. The Joint Labour Commissioner, Office of the Joint Labour Commissioner, Chennai.

... 2nd Respondent/1st Respondent PRAYER: Writ Miscellaneous Petition filed under Section 17(B) of the Industrial Dispute Act, 1947, praying this Court to direct the first respondent/ petitioner to pay the petitioner/2nd respondent his last drawn monthly wages every month from the date of the order of the 2nd respondent/1st respondent dated 20.12.2023 in Approval Petition No.105/21 till 31.05.2025. i.e., the date of his retirement. For Petitioner : Mr.S.Arunachalam For R1 : Mr.Gladson Michel Rajadurai 1/3

O R D E R

The present Writ Petition has been filed by the Management of the Tamil Nadu Transport Corporation challenging the rejection of their application seeking approval under Section 33 (2) (b) of the Industrial Dispute Act.

2. Pending Writ Petition, the workman has filed W.M.P(MD) No.14768 of 2025 seeking wages under Section 17(B) of the Industrial Dispute Act.

3. Since the dismissal order has not been approved by the statutory authority, the petitioner/Transport Corporation is duty bound to pay wages under Section 17 (B) of the Industrial Dispute Act. The authority has rejected the approval application on 20.12.2023 and the workman has attained superannuation on 31.05.2025.

4. In view of the above said facts, the Transport Corporation is directed to disburse the wages under Section 17(B) of the Industrial Dispute Act to the workman from January 2024 till May 2025 within a period of six weeks from the date of receipt of a copy of this order.

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5. Accordingly, this Writ Miscellaneous Petition stands allowed to the extent as stated above. No costs.

sd/- 25/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

EBSI TO 1 THE GENERAL MANAGING / ADMINISTRATOR, TAMILNADU STATE TRANSPORT CORPORATION, MADURAI LTD, MADURAI ZONE, BYE PASS ROAD, MADURAI 625 010 2 THE JOINT LABOUR COMMISSIONER, OFFICE OF THE JOINT LABOUR COMMISSIONER, CHENNAI.

ORDER

IN WMP(MD) No.14768 of 2025 IN WP(MD) No.15415 of 2025 Date :25/07/2025 NM/31.07.2025/ 3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3