The Divisional Forest Officer vs V.Kalaiselvan
2021 Latest Caselaw 9309 Mad

                                                                             W.A.No.341 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 08.04.2021

                                                         CORAM

                                      THE HON'BLE MR.JUSTICE M.M.SUNDRESH
                                                       and
                                      THE HON'BLE MRS.JUSTICE R.N.MANJULA

                                                  W.A.No.341 of 2021
                                         and C.M.P.Nos.1374 and 1377 of 2021

                     The Divisional Forest Officer,
                     Social Forestry Division Officer,
                     Office of the Social Forestry Division,
                     Ranagapuram,
                     Vellore District.                                      .. Appellant

                                                          Vs

                     1.V.Kalaiselvan

                     2.The Presiding Officer,
                       Labour Court,
                       Vellore District.                                    .. Respondents



                               Writ Appeal filed under Clause 15 of the Letters Patent against
                     the order dated 27.08.2018 passed in W.M.P.No.21651 of 2018 in
                     W.P.No.21847 of 2017.


                               For Appellant         :     Mr.S.Prabhu,
                                                           Additional Government Pleader




                     Page 1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                W.A.No.341 of 2021




                                                       JUDGMENT

(Delivered by M.M.SUNDRESH, J.)

This appeal has been preferred by the appellant against the interim

order granted by the learned single Judge as early as 27.08.2018,

directing the appellant to comply with the mandate of Section 17B of

the Industrial Disputes Act.

2.Though the learned Additional Government Pleader sought to

make submission on merit, we are not inclined to interfere with the

order passed. It is trite, payment of last drawn wages in tune with

Section 17B of the Industrial Disputes Act is mandatory, especially

when the first respondent has got the Award in his favour.

3.In such view of the matter, we are not inclined to interfere with

the order, which was passed three years ago. However, taking into

consideration the issues involved and the writ petition being filed in the

year 2017, we request the learned single Judge dealing with the

aforesaid matter as per roster to expedite the hearing and dispose of

the writ petition within a period of three months.

https://www.mhc.tn.gov.in/judis/ W.A.No.341 of 2021

4.We make it clear that if compliance is not made till now, the

same will have to be made with respect to the payment of arrears of

wages payable under Section 17B of the Industrial Disputes Act and

back wages from the date of filing of the writ petition till the month of

March 2021 within a period of eight weeks from the date of receipt of a

copy of this judgment. Thereafter, the compliance will have to be made

from the month of April 2021 till the disposal of the writ petition on or

before 15th of every month.

5.In view of the above, the writ appeal stands dismissed. No

costs. Consequently, connected miscellaneous petitions are closed.

                                                                (M.M.S., J.)    (R.N.M., J.)
                                                                        08.04.2021
                     Index:Yes/No
                     mmi

                     To

                     The Presiding Officer,
                     Labour Court,
                     Vellore District.

https://www.mhc.tn.gov.in/judis/ W.A.No.341 of 2021

M.M.SUNDRESH, J.

and R.N.MANJULA,J.

mmi

W.A.No. 341 of 2021

08.04.2021

https://www.mhc.tn.gov.in/judis/