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Madras High CourtWMP(MD)/27971/2025allowed

Velmurugan J v. The Management

2026-02-02Honourable Mr.Justice K. Surender4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER in W.P.(MD) No.30582 of 2025 J.Velmurugan ... Petitioner Vs.

1.The Management, Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Bye-Pass Road, District Collector Office Post, Dindigul - 624 004.

2.The Special Joint Commissioner of Labour, Chennai - 6.

... Respondents Prayer : Writ Miscellaneous Petition filed under Article 226 of the Constitution of India to direct the first respondent to pay the petitioner his last drawn monthly wages every month from the date of the order of the second respondent dated 10.01.2025 in Approval Petition No.77 of 2021 till the date of disposal of the above Writ Petition. For Petitioner : Mr.S.Arunachalam For R1 : Mr.S.C.Herold Singh Standing Counsel Page No. 1 of 4

For R2 : Mr.D.Sadiq Raja Additional Government Pleader *****

O R D E R

This Writ Miscellaneous Petition has been filed by the second respondent in the above Writ Petition, seeking a direction to the first respondent to pay the petitioner the last drawn monthly wages, every month, from the date of the order passed by the second respondent dated 10.01.2025 in Approval Petition No.77 of 2021, till the disposal of the above Writ Petition.

2. The first respondent Management has preferred the Writ Petition challenging the order passed by the second respondent, whereby approval of the dismissal order issued by the first respondent Management was refused.

3. Under Section 17B of the Industrial Disputes Act, 1947, in any case where a Tribunal has refused to grant approval of the removal order passed by the Management, the Management is bound to pay the workman, during the pendency of such proceedings, the full wages last drawn by him, including any maintenance allowance admissible. Page No. 2 of 4

4. The learned Standing Counsel for the first respondent seeks time to file a counter affidavit. However, since Section 17B of the Industrial Disputes Act, 1947 is mandatory and requires that the workman shall be paid the full last drawn wages, including any admissible maintenance allowance, during the pendency of the proceedings before the High Court or the Hon'ble Supreme Court, the first respondent Management is directed to pay such wages to the petitioner in accordance with Section 17B of the said Act within a period of two weeks from today.

5. Accordingly, this Writ Miscellaneous Petition is allowed. [K.SURENDER, J.] 02.02.2026 JEN To 1.The Management, Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Bye-Pass Road, District Collector Office Post, Dindigul - 624 004.

2.The Special Joint Commissioner of Labour, Chennai - 6.

Page No. 3 of 4

K.SURENDER , J.

JEN in W.P.(MD) No.30582 of 2025 02.02.2026 (2/2) Page No. 4 of 4