The Director/Management vs C.Sudhakar
2021 Latest Caselaw 17354 Mad

                                                                      W.A.Nos.2135 & 2136 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 24.08.2021

                                                          CORAM

                                      THE HON'BLE MR.JUSTICE M.M.SUNDRESH
                                                       and
                                      THE HON'BLE MRS.JUSTICE S.KANNAMMAL

                                            W.A.Nos.2135 & 2136 of 2021
                                     and C.M.P.Nos.13519,13520 & 13530 of 2021


                     The Director/Management,
                     Arignar Anna Zoological Park,
                     Vandalur, Chennai.                                             .. Appellant
                                                                            in both writ appeals


                                                           Vs.

                     C.Sudhakar                                                   .. Respondent
                                                                             in W.A.No.2135/21
                     Kalliammal                                                   .. Respondent
                                                                             in W.A.No.2136/21


                               Appeals filed under Clause 15 of Letters Patent against the order

                     dated 23.04.2019 made in W.M.P.Nos.7391 & 7366 of 2019 in

                     W.P.Nos.27384 & 27366 of 2018.


                               For Appellant          :     Mr.D.Ravichander,
                                                            Government Counsel
                                                            (in both cases)

                               For Respondent         :     Mr.S.Kumarasamy
                                                            (in both cases)

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https://www.mhc.tn.gov.in/judis/
                                                                      W.A.Nos.2135 & 2136 of 2021




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

                               Aggrieved against the award passed by the Labour Court, the

                     appellant filed the writ petitions. Pending the writ petitions, the

                     respondent/workmen filed miscellaneous petitions seeking payment of

                     last drawn wages in lieu of reinstatement.



                               2. The learned Single Judge held that the payment of last drawn

                     wages under Section 17B of the Industrial Disputes Act being

                     mandatory, the same will have to be complied with. Challenging the

                     same and contending that on merit, the appellant has got a good case,

                     the present appeals have been filed.



                               3. Heard the learned counsel appearing for the parties.



                               4. We do not find any merit in these appeals. The payment of

                     last drawn wages is mandatory. It is the appellant who challenged the

                     award. As of now, there is an award in favour of the respondent in

                     both the cases and they have also not been reinstated.




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https://www.mhc.tn.gov.in/judis/
                                                                     W.A.Nos.2135 & 2136 of 2021

                               5. In such view of the matter, we do not find any reason to

                     interfere with the order passed by the learned Single Judge. The

                     appellant is directed to comply with the order passed by the learned

                     Single Judge within a period of eight weeks from the date of receipt of

                     a copy of this judgment and thereafter continue to comply with the

                     mandate of Section 17B of the Industrial Disputes Act, till the disposal

                     of the writ petitions. We may also note that even in the affidavit filed in

                     support of the petition seeking compliance of Section 17B of the

                     Industrial Disputes Act, the respondents have clearly stated that they

                     are not gainfully employed elsewhere.



                               6. In view of the above, the writ appeals stand dismissed. No

                     costs. Consequently, connected miscellaneous petitions are closed.



                                                                  (M.M.S., J.)    (S.K., J.)
                                                                          24.08.2021
                     Index:Yes/No
                     mmi/ssm




                     Page 3 of 4


https://www.mhc.tn.gov.in/judis/
                                         W.A.Nos.2135 & 2136 of 2021




                                              M.M.SUNDRESH,J.

and S.KANNAMMAL,J.

mmi

W.A.Nos.2135 & 2136 of 2021

24.08.2021

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