Madras High Court
M/S.Art Fm Auto Tech Indian Pvt. ... vs R.Karthikeyan on 12 October, 2023
WA No.595 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.10.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
WA No.595 of 2023
M/s.ART FM Auto Tech Indian Pvt. Ltd.,
rep. By its Manager in Accounts/
Admin-HR and Authorised Signaturoy
K.Thangaraja : Appellant
versus
R.Karthikeyan : Respondent
Prayer: Writ appeal filed under Clause 15 of the Letters Patent against
the order of the learned Single Judge dated 10.02.2023 in WMP
No.16787 of 2022 in WP No.26121 of 2019.
For the Appellant : Mr.D.Prabhu Mukunth Arunkumar
For the Respondent : Mr.S.Kumaraswamy
Page 1 of 5
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WA No.595 of 2023
JUDGMENT
(Made by the Hon'ble Chief Justice)
We have heard Mr.D.Prabhu Mukunth Arunkumar, learned
counsel for the appellant and Mr.S.Kumaraswamy for the respondent.
2. The appellant has filed this appeal assailing the order of the
learned Single Judge dated 10.02.2023 in WMP No.16787 of 2022 in
WP No.26121 of 2019.
3. The prima donna contention of the learned counsel for the
appellant is that the appellant had not challenged the award qua
reinstatement; but had challenged only the award to the extent of the
back wages. The appellant never refused to allow the respondent to
join the service pursuant to the award of the Industrial court; indeed
even during the pendency of the proceedings before the industrial
court, he was never stopped from attending work.
4. The learned counsel for the appellant submits that as the
reinstatement was not challenged, the appellant was not liable to pay
salary as contemplated under Section 17B of the Industrial Disputes
Act, (the 'I.D.Act', for short).
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WA No.595 of 2023
5. The learned counsel for the respondent submits that the
respondent had immediately given notice to the appellant on
05.04.2019 to permit the respondent to join duty. However, the
appellant did not respond, and only in February, 2023, the appellant
gave letter permitting the respondent to join duty. As such, the
appellant is liable to pay salary as per Section 17B of the I.D. Act.
6. The writ petition is still pending for decision with the learned
single Judge. Interim order has been passed to make the payment.
The issue whether the appellant would be liable to pay salary as per
the wages to the respondent, though the appellant had not challenged
the award of the industrial court to the extent of reinstatement, is
debatable and would be required to be decided finally. The learned
Single Judge shall decide the same while deciding the writ petition.
7. The appellant shall deposit the amount which is directed to be
paid by the learned Single Judge under Section 17B of the I.D. Act
with the Registry. The said amount be deposited by the appellant
within six weeks from today. The Registry shall keep the said amount
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WA No.595 of 2023
in a fixed deposit. The said amount may be disbursed pursuant to the
final judgment that would be delivered by the learned Single Judge
while deciding the writ petition.
8. As the matter is pending with the learned Single Judge, and
the learned Single Judge is seized with the matter, we have not
decided the issue as to the applicability of the provisions of Section
17B of the I.D. Act. The learned Single Judge may decide the same
while deciding the writ petition.
9. With these observations, the writ appeal is disposed of. There
will be no order as to costs. Consequently, CMP No.5795 of 2023 is
closed.
(S.V.G., CJ.) (D.B.C., J.)
12.10.2023
Index : Yes/No
Neutral Citation : Yes/No
tar
THE HON'BLE CHIEF JUSTICE
https://www.mhc.tn.gov.in/judis
WA No.595 of 2023
AND
D.BHARATHA CHAKRAVARTHY, J.
(tar)
WA No.595 of 2023
12.10.2023
https://www.mhc.tn.gov.in/judis
