Madras High Court
Thiru.E.K.Sankar vs R.Venkatachalam on 26 April, 2021
Contempt Petition No.684 of 2020
in W.P.No.18908 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.04.2021
CORAM
THE HON'BLE JUSTICE S.VAIDYANATHAN
Contempt Petition No.684 of 2020
in W.M.P.No.1074 of 2019
in W.P.No.18908 of 2019
Thiru.E.K.Sankar ... Petitioner/Petitioner/Respondent
-vs-
R.Venkatachalam ... Respondent/Respondent/Petitioner
Prayer: Petition is filed under Section 11 of the Contempt of Courts Act, 1971
to initiate contempt proceedings against the respondent / Management for
committing willful disobedience of the order passed by this Hon'ble Court in
W.M.P.No.1074 of 2019 in W.P.No.18908 of 2019 dated 31.01.2020.
For Petitioner : M/s.V.Porkodi
For Respondent : Mr.John Zachariah
For M/s.Fox Mandal & Associates
*****
ORDER
The Contempt Petition has been filed for punishing the respondents for
having not obeyed the orders of this Court dated 31.01.2020 in W.M.P.No.1074
of 2019 in W.P.No.18908 of 2019.
2. When the matter is taken up for hearing, learned counsel for the
petitioner submitted that no amount can be recovered from the wages paid
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Contempt Petition No.684 of 2020
in W.P.No.18908 of 2019
under Section 17-B in the light of the decision reported in 2015 (4) SCC 334 in
the case of State of Punjab vs. Rafiq Masih and that the amount from March,
2020 has not been paid.
3. It is represented by Mr.John Zachariah, learned counsel appearing for
the Respondent that the excess amount has been paid as wages, which was
recovered from the salary of the petitioner and that the wages under Section
17-B has been paid upto February, 2020.
4. Heard the learned counsel on either side.
5. The issue revolves around the payment of last drawn wages to the
Workman under the provisions of the Industrial Disputes Act, 1947. Of course,
it is true that there are judgments to the effect that wages under Section 17-B
should not be less than minimum wages and the question as to whether the
petitioner would be entitled to Rs.13,000/- or only Rs.7,000/- needs to be
decided while adjudicating the matter on merits depending upon the evidence
that may be produced at the time of final disposal of the Writ Petition. Section
17-B of The Industrial Disputes Act, 1947 stipulates that in case the employer
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Contempt Petition No.684 of 2020
in W.P.No.18908 of 2019
prefers any appeal before the Higher Forum against the Award of
reinstatement passed by the Labour Court or Tribunal, it is mandatory that the
employer must pay full last drawn wages to the employee upto the age of
superannuation or till the disposal of the Writ Petition, whichever is earlier.
6. At this juncture, learned counsel for the petitioner has submitted
that the wrong payment of wages could not have been recovered in the
present circumstances and that the Management cannot recover the amount,
which was paid on account of their own fault.
7. According to the Management, even assuming that they succeed in
the Writ Petition, the Writ Petitioner would be entitled to gratuity for the
services rendered.
8. The Petitioner shall file an affidavit to the effect that in case he loses
in the Writ Petition or succeeds in the Writ Petition (in case of reinstatement),
the excess amount, if any, paid by the Management can be recovered or
S.VAIDYANATHAN,J.,
ar
adjusted from gratuity and will not demand gratuity till the issue is resolved
https://www.mhc.tn.gov.in/judis/
Contempt Petition No.684 of 2020
in W.P.No.18908 of 2019
and such an affidavit shall be filed within a period of one month from the date
of receipt of a copy of this order. It is needless to mention that the arrears of
17-B wages from March, 2020 to January, 2021 shall be paid to the petitioner
within a period of two months from the date of receipt of a copy of this order
and the interest on gratuity, if any, will depend upon the result in the Writ
Petition.
9. With the above observation and discussion, the Contempt Petition is
closed. No costs.
26.04.2021
ar
Contempt Petition No.684 of 2020
https://www.mhc.tn.gov.in/judis/
