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2023 DAILYLAW 5398 (MAD)

The Management v. N.Kalirajan

WMP/16105/2024 · 2026-07-20

K Surender

Transfer Petitionbody2023

Judgment text

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WMP No. 1529 of 2023 __________Page 1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-07-2026 CORAM THE HON'BLE MR.JUSTICE K.SURENDER WMP No.16105 of 2024 in WP No.1441 of 2023 The Management WIPRO Limited Head office No.105, Anna Salai, Guindy Chennai 600 032 Branch office: CDC5, 602, 603, 2-COT, SC-2 Medavakkam, Sholinganallur, Chennai 600 119. ..Petitioner Vs N.Kalirajan ..Respondent This writ miscellaneous petition is filed under Article 226 of the Constitution of India, seeking to modify the order dated 13.03.2024 and provide for a sum of Rs.64,724/- as last drawn salary to be paid to the former employee on and from 12th January 2023 being the date of filing the Writ Petition as arrears and for future time pending disposal of the writ petition as required under Section 17(B) of the Industrial Disputes Act, and effect suitable recoveries / adjustments. For Petitioner: Ms.N.Swathy for Mr.S.Ramasubramaniam and Associates For Respondent: Mr.R.Rajaram ORDER This writ miscellaneous petition is filed seeking to modify the order of this Court, dated 13.03.2024, passed in WMP No.11687 of 2023, directing the Management to pay the backwages. https://www.mhc.tn.gov.in/judis WMP No. 1529 of 2023 __________Page 2 of 5 2. The workman in the writ petition filed an application under Section 17 B of the Industrial Disputes Act, 1947 seeking backwages wherein it was shown that an amount of Rs.1,04,396/- was the last drawn wages, based on which this Court by an order dated 13.03.2024 directed payment of the last drawn wages from the date of filing of the writ petition. Accordingly the amounts were paid. 3. The grievance of the petitioner in the present Writ Miscellaneous petition is that the petitioner’s last drawn salary was Rs.64,724/- and not Rs.1,04,396/-. 4. The learned counsel for the respondent / workman would submit that this Court having gone through the salary slip, has ordered payment of Rs.1,04,396/-. 5. On perusal of the salary slip for the month of July dated 03.07.2017, the amount mentioned as Rs.1,04,396/- has included shift allowance and leave encashment of Rs.9,600/- and Rs.25,444/-. However, the total salary that is reflected is Rs.64,724/-. The last drawn wages under Section 17 B of the Act, can only be granted for the amount of wages drawn in the last month. Therefore, it is made clear the last drawn salary for the month of July was Rs.64,724/-. The amount that is reflected as Rs.1,04,396/- was a calculation https://www.mhc.tn.gov.in/judis WMP No. 1529 of 2023 __________Page 3 of 5 which included the shift allowance and leave encashment and such allowances cannot form part of last drawn wage. 6. In view of the above, it is clarified that the amount payable to the workman from the month of August 2026 is Rs.64,724/. However, the amount paid in excess cannot be determined in this petition. Option is left open to the Management to seek remedy under law for recovery of the said amount. 7. With the above observation, this writ miscellaneous petition is ordered. (K.SURENDER,J.) 20-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No vum To N.KalirajanNo. 72/1 Veerasamy street, Mdipakkam chennai 600 091 https://www.mhc.tn.gov.in/judis WMP No. 1529 of 2023 __________Page 4 of 5 K.SURENDER J. vum WMP No.16105 of 2024 in WP No.1441 of 2023 20-07-2026 (1/2) https://www.mhc.tn.gov.in/judis WMP No. 1529 of 2023 __________Page 5 of 5 https://www.mhc.tn.gov.in/judis