Madras High Court
The Divisional Forest Officer vs K.Kumaresan on 8 April, 2021
W.A.No.364 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. 364 of 2021
and C.M.P.Nos.1446 and 1448 of 2021
The Divisional Forest Officer,
Social Forestry Division Officer,
Office of the Social Forestry Division,
Ranagapuram,
Vellore District. .. Appellant
Vs
1.K.Kumaresan
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.21652 of 2018 in
W.P.No.21849 of 2017.
For Appellant : Mr.S.Prabhu,
Additional Government Pleader
Page 1 of 4
https://www.mhc.tn.gov.in/judis/
W.A.No.364 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.364 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.364 of 2021
M.M.SUNDRESH, J.
and
R.N.MANJULA,J.
mmi
W.A.No. 364 of 2021
08.04.2021
https://www.mhc.tn.gov.in/judis/
