Madras High Court
2 The Sub Record Officer vs 2 The Presiding Officer on 14 June, 2023
W.A. No.1201 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.06.2023
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.A. No.1201 of 2023 & C.M.P. No.12231 of 2023
1 The Superintendent
Railway Mail Service
RMS 'M' Division
Chennai-600 008
2 The Sub Record Officer
RMS 'M' Division
Gandhinagar
Vellore - 632 006 Appellants
v
1 C. Madhankumar
2 The Presiding Officer
Central Government Industrial Tribunal-
cum-Labour Court,
Chennai Respondents
Writ Appeal filed under Clause 15 of the Letters Patent against the order dated
16.08.2022 passed in W.M.P.No.20708 of 2017 in W.P.No.24364 of 2016.
For appellants Mr.M.Karthikeyan
1/6
https://www.mhc.tn.gov.in/judis
W.A. No.1201 of 2023
JUDGMENT
(By S.Vaidyanathan,J.)
This intra court appeal has been preferred against the interim order dated
16.08.2022 passed in W.M.P.No.20708 of 2017 in W.P.No.24364 of 2016 directing the
Railways to pay the last drawn wages to the first respondent/employee during the
pendency of the writ petition, which was filed by the first respondent/employee
challenging the award dated 28.01.2016 passed by the second respondent/Labour Court
in I.D. No.22 of 2014.
2 The following paragraphs of the award of the Labour Court are relevant for
deciding this intra court appeal:
“15. The claim of the petitioners is not only for reinstatement but
also for permanency. As stated this is not a subject matter of order of
reference and cannot be considered. The only question is whether the
petitioners can be reinstated in the same position in which they were.
16. In all the identity cards produced, the petitioners are described
as Outsiders Sorting Assistants. All the petitioners have stated that they were
not given any appointment order. It was not based on any Recruitment Rules
they were taken. However, there is a fact that they were ousted from work
even when work was available with the respondents. This is clear from the
evidence given by MW1. He has stated during his cross-examination that
even now outsiders are engaged. That shows that work is still available with
the respondents. So the respondents are in a position to take back the
petitioners as Outsiders, Sorting Assistants itself. The claim of the petitioners
for backwages could not be entertained since they were working on daily
wages but paid on monthly basis. If the petitioners are not willing to be
reinstated in the same position, they are to be compensated as contemplated
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W.A. No.1201 of 2023
under Section 25-F of the ID Act. Almost all the petitioners have joined
during the same period. The compensation payable is fixed as Rs.2.00 lakhs
for each of the petitioners. At the option of the petitioners, the respondents are
either to engage the petitioners in the same position or to pay compensation of
Rs.2.00 lakhs within two months of publication of the award.
17 Accordingly, the respondents are directed to re-engage the
petitioners or pay compensation @ Rs.2.00 lakhs to each of the petitioners at
their option within two months of the publication of the award.”
3 For the sake of ease of reference, Section 17-B of the Industrial Disputes
Act,1947 (in short ''the Act'') is extracted below :
''17B. Payment of full wages to workman pending proceedings in higher courts.-
Where in any case, a Labour Court, Tribunal or National Tribunal by its award directs
reinstatement of any workman and the employer prefers any proceedings against such
award in a High Court or the Supreme Court, the employer shall be liable to pay such
workman, during the period of pendency of such proceedings in the High Court or the
Supreme Court, full wages last drawn by him, inclusive of any maintenance allowance
admissible to him under any rule if the workman had not been employed in any
establishment during such period and an affidavit by such workman had been filed to
that effect in such Court:
Provided that where it is proved to the satisfaction of the High Court or the
Supreme Court that such workman had been employed and had been receiving
adequate remuneration during any such period or part thereof, the Court shall order that
no wages shall be payable under this section for such period or part, as the case may
be."
4 The main contention of the appellants is that without a counter affidavit
being filed in the writ miscellaneous petition, the learned single judge has passed the
impugned order.
5 In this intra court appeal, there is no ground to the effect that the first
respondent/employee is gainfully employed and hence, he would not be entitled to last
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W.A. No.1201 of 2023
drawn wages. The appellants have also not produced any document with regard to the
gainful employment of the first respondent/employee, whereas, the first
respondent/employee has filed an application being W.M.P.No.20708 of 2017 in
W.P.No.24364 of 2016, wherein, at paragraph no.6, he has categorically stated as
follows :
6 When the first respondent/employee has fulfilled the criteria laid down
under Section 17-B of the Act, he would be entitled to last drawn wages till the disposal
of the writ petition or till the date of death before superannuation or till the date of
superannuation, in case the writ petition is not disposed of. Hence, we are of the view
that there is no error in the order of the learned single Judge in directing the
Management to pay the last drawn wages in terms of Section 17-B of the Act mentioned
supra with effect from 13.07.2016. In case, the first respondent/employee is reinstated,
he will be entitled to be paid on par with his counterparts.
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W.A. No.1201 of 2023
In the result, this intra court appeal is dismissed. No costs. Connected C.M.P.
stands closed.
(S.V.N.,J.) (K.R.S.,J.)
14-06-2023
cad
To
The Presiding Officer
Central Government Industrial Tribunal-
cum-Labour Court
Chennai
https://www.mhc.tn.gov.in/judis
W.A. No.1201 of 2023
S.VAIDYANATHAN, J.
and
K.RAJASEKAR, J.
cad
W.A.No.1201 of 2023
14.06.2023
https://www.mhc.tn.gov.in/judis
