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2025 DAILYLAW 8404 (MAD)

A.MUGUNDHAN v. THE MANAGEMENT

WMP/37963/2025 · 2026-07-17

K Surender

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WMP No. 37963 of 2025 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-07-2026 CORAM THE HON'BLE MR.JUSTICE K. SURENDER WMP No. 37963 of 2025 IN WP NO. 22011 OF 2025 A.Mugundhan ..Petitioner(s) Vs The Management Sree Lakshmi Industries Rep. By Its Proprietor G.Kalpana W/o.Gopalakrishnan, No.354-a, Sidco Industrial Estate, Thirumullaivoyal (kattur) Chennai-600 062 ..Respondent(s) Writ Miscellaneous Petition filed seeking direction to the respondent/writ petitioner to pay the last drawn wages of the petitioner/respondent under section 17-B of the Industrial Disputes act 1947 pending disposal of the above writ petition. For Petitioner(s): Mr.T.Ramkumar For Respondent(s): Mr.B.K.Girish Neelakantan ORDER The petitioner has filed this Writ Miscellaneous Petition seeking a direction to the respondent to pay the last drawn wages of the petitioner under Section 17-B of the Industrial Disputes Act. https://www.mhc.tn.gov.in/judis WMP No. 37963 of 2025 __________ Page2 of 4 2. The learned counsel for the petitioner submitted that the Labour Court passed an Award, directing reinstatement of the petitioner. Aggrieved by the said Award, the Management has preferred the present Writ Petition. It is further submitted that, in terms of mandatory provisions under Section 17-B of the Industrial Disputes Act, the workman is entitled to receive the last drawn wages during the pendency of the Writ Petition. 3. Per contra, the learned counsel appearing for the respondent/ Management submitted that the petitioner was never employed under the Management and he had voluntarily retired from service. 4. Heard the learned counsel appearing on either side and perused the materials available on record. 5.A perusal of the impugned order dated 25.02.2024 passed in O.P.No.105 of 2024 by the III Additional Labour Court, it reveals the workman had been orally terminated from service by the Management. In the present proceedings, the Management has neither filed any counter affidavit nor produced any material to substantiate its contention that the workman is gainfully employed elsewhere. In the absence of any such proof, the workman is entitled to the benefits under Section 17-B of the Industrial Disputes Act. https://www.mhc.tn.gov.in/judis WMP No. 37963 of 2025 __________ Page3 of 4 6. Accordingly, this Writ Miscellaneous Petition stands allowed. The respondent/Management is directed to pay the petitioner the last drawn wages in accordance with Section 17-B of the Industrial Dispute Act, from the date of institution of Writ Petition till the disposal of the Writ Petition, within a period of four weeks from the date of receipt of copy of this order. K.SURENDER J. 17-07-2026 JAI https://www.mhc.tn.gov.in/judis WMP No. 37963 of 2025 __________ Page4 of 4 K.SURENDER J. JAI WMP No. 37963 of 2025 IN WP NO. 22011 OF 2025 17-07-2026 https://www.mhc.tn.gov.in/judis