MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION MADURAI DIVISION IV Vs. S PANDIAN CHELLAIAH SERVAI

JUDGEMENT

(1.) THE present appellant has filed W. P. No. 10372 of 2006 for quashing the order dated 19. 4. 2006 in I. D. No. 137/2002, whereunder the Presiding Officer, labour Court, had quashed the order of dismissal dated 29. 12. 2000 and directed the present appellant to reinstate the present Respondent No. 1 with continuity of service.

(2.) DURING pendency of the writ petition, present Appellant filed an application for stay. The respondent had filed an application for payment of last drawn wages as per Section 17-B of the Industrial Disputes Act,1947, in short "the Act". Learned single Judge has directed payment in accordance with section 17-B of the Act with effect from the date of the award of the Labour court. Such order is in question in the present appeal.

(3.) LEARNED counsel appearing for the appellant has contended that keeping in view the nature of allegations and the strong prima facie case made out, in the present case, the learned single Judge should not have issued any direction regarding payment of last drawn wages as contemplated under Section 17-B of the act. In the alternative he has submitted that even assuming that such payment is to be made, direction should have been issued for making such payment with effect from the date on which the affidavit was filed by the workman regarding his non-employment and not from any earlier date and at any rate such a direction could not have been issued to make the payment under Section 17-B of the Act from the date of the award.