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M. S. RAMESH, C. KUMARAPPAN
M. Madhan – Appellant
Versus
Management of MRF Limited – Respondent
JUDGMENT :
M.S. RAMESH, J.
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside the order of this Court dated 31.10.2023 passed in W.P. No. 20445 of 2023.
1.1. On the strength of the proven charges of misconduct, the appellant/workman was dismissed from service on 30.09.2016 by the respondent/Management. Together with the order of dismissal, the workman was paid one month wages amounting to Rs. 18,051.70/- and had also filed an application in A.P. No. 84 of 2016 on the same day before the Industrial Tribunal, Chennai, as mandated under the Proviso to Section 33(2)(b) of the Industrial Disputes Act (hereinafter referred to as ‘the Act’).
1.2. Before the Tribunal, the workman had filed an application under Section 11 of the Act, seeking for dismissal of the approval application, in I.A. No. 20 of 2019 for non-compliance of the mandatory requirement of payment of one month wages under the Proviso to Section 33(2)(b) of the Act. According to the workman, his one month wages would amount to Rs. 26,145/- which also includes an interim relief amount of Rs. 4,000/- ordered to be paid, as per the order passed by this Court and confirmed by the Hon’ble Supreme Court of I
The court established that interim relief and concessional values must be included in wages under Section 33(2)(b) of the Industrial Disputes Act, emphasizing strict compliance with wage payment mand....
The mandatory provision of Section 33(2) requires employers to pay full wages to a dismissed employee for one month, and failure to do so renders approval of dismissal invalid.
Claiming wages - It is proved to the satisfaction of the High Court or Supreme Court that such workman had been employed and had been receiving adequate remuneration during any such period or part th....
Point of law: No necessity to decide as to whether the concept of gainful employment by way of self employment, would also partake within the ingredients of Sec.i7-B of the Industrial Disputes Act.
Section 33C(2) of the Industrial Disputes Act enforces adjudicated wage claims, without re-examining eligibility; established employer-employee relations must be acknowledged.
The general rule is that the workman is entitled to the benefits under Section 17B from the date of passing of the award unless there is undue delay on the part of the workman in approaching the Cour....
Where the award does not order for reinstatement, High Court does not get jurisdiction under Section 17B of the Act to pass an order under that provision.
The main legal point established in the judgment is that the employer is obligated to pay the minimum wages at the revised rate, as it would partially reduce the impact of the increase in the cost of....
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