Madras High Court
M/S.Jaitech Power House Management vs K.Baskar on 6 November, 2025
Author: M.S.Ramesh
Bench: M.S. Ramesh
W.A.No.3232 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.11.2025
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
and
THE HONOURABLE MR. JUSTICE R.SAKTHIVEL
W.A.No.3232 of 2025
and C.M.P.No.26438 of 2025
M/s.Jaitech Power House Management
Founder P.Chellamuthu
New No.17, Old No.9, First Crescent Park Road
Gandhi Nagar, Adyar
Chennai 600 020 ... Appellant
Vs.
K.Baskar
S/o.Kanniappan ... Respondent
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, praying to
allow the above Appeal by setting aside the order dated 20.12.2024
passed in W.P.No.28971 of 2022.
For Appellant : Mr.Praveen Alexander
JUDGMENT
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M.S.RAMESH, J.
and
R.SAKTHIVEL, J.
When the workman / respondent herein, who was engaged as a
driver and terminated from service on 26.12.2019, he had challenged the
termination before the I Additional Labour Court, Chennai, in O.P.No.96
of 2021. The Labour Court, while setting aside the termination order, had
directed the Management to reinstate the petitioner into service with
continuity of service from 26.12.2019, but without backwages or other
attendant benefits, through its awarded passed in O.P.No.96 of 2021 dated
27.07.2022. The Management had not challenged the award. However,
the workman / respondent had challenged the award denying back wages
and other attendant benefits before the Writ Court in W.P.No.28971 of
2022. Pending the Writ Petition, the Management had reinstated the
respondent herein on 26.06.2024. The Writ Court, while passing final
orders on 20.12.2024, had endorsed the view taken by the Labour Court
with regard to denial of backwages till the date of award. However, it
was held that since the respondent herein was reinstated pending the Writ
Petition on 26.06.2024, it had directed the Management to pay the
backwages for the period between 27.07.2022 and 26.06.2024. This
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order in the Writ Petition is assailed in the present appeal.
2.The learned counsel for the appellant submitted that the Writ
Court, while endorsing the view of the Labour Court that backwages
would not be automatic and would depend on the attendant circumstances
to the case, ought not to have awarded backwages for the period from
27.07.2022 to 26.06.2024. In support of such a claim, he placed reliance
on the decision of the Hon'ble Supreme Court, in the case of Rajasthan
State Road Transport V. Phool Chand (D) (AIR (2018) SC 4534. It is
also his claim that the Management was willing to reinstate the workman
/ respondent, but the respondent / workman had not joined the services
and therefore he is not entitled for the backwages.
3.The appellant had filed a counter affidavit dated 13.12.2022
before the Writ Court. A perusal of the same reveals that no such stand
has been taken before the learned Single Judge about the Management
offering the job pursuant to the award, or the workman / respondent
herein refusing the same. The Management has also not challenged that
portion of the award ordering reinstatement. In this background, we do
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not endorse the submission of the learned counsel for the appellant that
the Management was willing to offer reinstatement which was refused by
the respondent / workman.
4.As stated earlier, the respondent herein was reinstated into
service pending the Writ Petition on 26.06.2024, after an inordinate delay
of almost two years. Since the Management had not challenged the
award of the reinstatement, the award would be binding on them, on the
expiry of 30 days from the date of its publication under Section 17 and
the respondent / workman ought to have been reinstated at that point of
time itself. It is admitted that during the pendency of the Writ Petition,
the respondent herein was also not paid the last drawn wages under
Section 17B of the Industrial Disputes Act, 1947. In this background, we
do not appreciate the stand of the Management denying the backwages
from the date of the award which the workman is otherwise legally
entitled to.
5.Insofar as the decision cited by the learned counsel for the
appellant in the case of Rajasthan State Road Transport V. Phool Chand
(D) is concerned, there is no quarrel on the proposition that the claim of
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backwages would not be automatic and that it would be on the
circumstances of each and every case. However, once the award of
reinstatement is passed and there is an inordinate delay in implementing
the award of reinstatement, the concerned workman would be entitled for
the backwages. This is precisely why Section 17B has been provided for
under the Industrial Disputes Act, 1947, to protect the workman who has
the benefit of an award of reinstatement, with his last drawn wages.
Since in the instant case, such last drawn wages has been denied, the
learned Single Judge had rightly appreciated the facts and circumstances
and awarded the backwages from 27.07.2022 i.e. date of the award till
26.06.2024, the date of reinstatement.
6. Since there is hardly any justification on the part of the
Management in failing to implement the award for almost two years, we
M.S.RAMESH, J.
and
R.SAKTHIVEL, J.
kas
are of the view, that interest could be awarded on the arrears of the
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backwages.
7.Accordingly, the Writ Appeal stands dismissed, with a direction
to the Management to forthwith implement the order of the Writ Court
passed in W.P.No.28971 of 2022 dated 20.12.2024, within a period of
four (4) weeks from the date of receipt of a copy of this order. The
arrears of backwages shall be paid along with 9% interest for the
aforesaid period. No costs. Consequently, the connected miscellaneous
petition is closed.
[M.S.R, J.] [R.S.V, J.]
06.11.2025
kas
Index: Yes / No
Neutral Citation
Speaking / Non Speaking
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