Madras High Court
The Managing Director vs The Presiding Officer on 22 November, 2023
Author: S. Vaidyanathan
Bench: S. Vaidyanathan
W.A. Nos.3279, 3281 to 3285, 3287, 3288 & 3290 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.11.2023
CORAM
THE HON'BLE MR. JUSTICE S. VAIDYANATHAN
AND
THE HON'BLE MR. JUSTICE K. RAJASEKAR
W.A. Nos. 3279, 3281 to 3285, 3287, 3288 & 3290 of 2023
&
C.M.P. Nos. 26744, 26746, 26748, 26749, 26751, 26752, 26754, 26756,
26758, 26759, 26760, 26764, 26765, 26766,26767, 26768, 26782 & 26783
of 2023
W.A. No. 3279 of 2023
1. The Managing Director,
Tamil Nadu Water Supply and
Drainage Board,
No.31, Kamarajar Salai,
Chennai – 600 005.
2. The Executive Engineer,
Tamil Nadu Water Supply and
Drainage Board,
Rural Water Supply Division,
(The 2nd petitioner already addressed
as office of the Executive Urban
Project Division, Kangayam has been
closed and records were handed over to
TWAD Board RWS Division, Erode is
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the present. (Address of the 2nd petitioner)
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W.A. Nos.3279, 3281 to 3285, 3287, 3288 & 3290 of 2023
No.10, G.L. Bungalow, Muthusamy Street,
Sathi Salai, Erode – 638 001.
3. The Executive Engineer,
Tamil Nadu Water Supply and Drainage
Board, Maintenance Division,
Muthiah Complex, 3rd Floor, 1171,
Mettur Road, Erode – 638 011.
4. The Assistant Executive Engineer,
Tamil Nadu Water Supply and Drainage
Board, Maintenance Sub Division,
Karumayal Extension -3,
Gobichettipalayam – 638 456. ..Appellants
Vs.
1. The Presiding Officer,
Labour Court, Salem.
2. K.K. Palanisamy ..Respondents
Prayer: Writ Appeal as against the order dated 27.07.2023 passed in
W.P. No. 34682 of 2014.
For Appellants :: Mr.S. Ravindran,
Senior Counsel for
Mr.S. Mekhala
For Respondents :: Mr. M.Muthupandian
for R2
COMMON JUDGMENT
(Delivered by S. Vaidyanathan,J.)
The present intra court appeals have been filed by the Tamil Nadu
Water Supply and Drainage Board as against the order of the learned Single
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W.A. Nos.3279, 3281 to 3285, 3287, 3288 & 3290 of 2023
Judge dated 27.07.2023 passed in W.P. Nos.34682, 34684, 34678, 34675,
34679, 34674, 34681, 34676 & 34680 of 2014 respectively insofar as it
was held that the workmen therein were entitled to payment of wages under
Section 17B of Industrial Disputes Act, 1947 (“I.D. Act”, in short) from the
date of the award till the date of disposal of the writ petitions and the
appellant Board was directed to withdraw the deposit made by them before
the Labour Court pursuant to the interim orders passed in the writ petitions
after deducting the wages under Section 17B of I.D. Act, 1947 payable by
the appellant Board to the workmen and permitted the workmen to
withdraw the same.
2. Earlier, this Court, in a batch of six writ appeals in W.A. Nos.
3138 & 3160 to 3164 of 2023, filed by the appellant Board, involving a
similar issue, by judgment dated 15.11.2023, disposed of the writ appeals,
fixing the monetary benefits payable under Section 17B of Industrial
Disputes Act, 1947 at Rs.50,000/- not only to those employees concerned in
the said writ appeals, but to each of the workman concerned in the
respective industrial dispute, before the Labour Court, Salem and the
relevant portion of the said judgment is extracted hereunder:
“ .......However, taking into account the totality of
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W.A. Nos.3279, 3281 to 3285, 3287, 3288 & 3290 of 2023
circumstances, that the finding of the Labour Court has been
held to be perverse by the learned Single Judge, that no
relief has been granted and that so many employees are
before this Court, we are of the view that in order to give a
quietus to the matter, when the factum of employment is not in
dispute, it is suffice that the monetary benefits payable to the
employees in these writ appeals under Section 17B of I.D.
Act, 1947, which cannot be less than minimum wages, is fixed
at Rs.50,000/- insofar as each workman is concerned.
9. Mr.S. Ravindran, learned Senior Counsel for the
appellants would submit that during the pendency of the writ
petitions, a sum of Rs.37,500/- had already been deposited in
respect of each workman concerned in the industrial dispute
before the Labour Court. The Labour Court, on production of
a copy of this order, is directed to release the amount with
accrued interest to each of the workman, who will be
identified by the learned counsel for the workmen without
insisting for “No Objection” endorsement by the Board. The
balance amount of Rs.12,500/- shall be released to each of
the workman concerned in the industrial dispute within a
period of one month from the date of receipt of a copy of this
order. “
3. From the above extracted portion of the order, it is seen that
this Court had granted monetary benefits to all the workmen concerned in
the respective industrial dispute before the Labour Court and hence, no
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W.A. Nos.3279, 3281 to 3285, 3287, 3288 & 3290 of 2023
separate orders are necessary in these writ appeals as the direction given by
this Court in W.A. Nos.3138 & 3160 to 3164 of 2023 would be applicable
to the employees in these writ appeals as well . Hence, the writ appeals
stand closed. No costs. Connected C.M.Ps are closed.
(S.V.N.J.) (K.R.S.J.)
nv 22.11.2023
To
1. The Managing Director,
Tamil Nadu Water Supply and
Drainage Board,
No.31, Kamarajar Salai,
Chennai – 600 005.
2. The Executive Engineer,
Tamil Nadu Water Supply and
Drainage Board,
Rural Water Supply Division,
(The 2nd petitioner already addressed
as office of the Executive Urban
Project Division, Kangayam has been
closed and records were handed over to
TWAD Board RWS Division, Erode is
the present. (Address of the 2nd petitioner)
No.10, G.L. Bungalow, Muthusamy Street,
Sathi Salai, Erode – 638 001.
3. The Executive Engineer,
Tamil Nadu Water Supply and Drainage
Board, Maintenance Division,
Muthiah Complex, 3rd Floor, 1171,
Mettur Road, Erode – 638 011.
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W.A. Nos.3279, 3281 to 3285, 3287, 3288 & 3290 of 2023
S. VAIDYANATHAN,J.
AND
K. RAJASEKAR,J.
nv
4. The Assistant Executive Engineer,
Tamil Nadu Water Supply and Drainage
Board, Maintenance Sub Division,
Karumayal Extension -3,
Gobichettipalayam – 638 456.
W.A. Nos.3279, 3281 to 3285,
3287, 3288 & 3290 of 2023
22.11.2023
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