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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.Justice M.Dhandapani, J
Management, Hotel Abu Palace, Chennai – Appellant
Versus
Deputy Commissioner of Labour I, DMS Compound, Teynampet, Chennai – Respondent
ORDER :
The writ petitions have been filed seeking issuance of Writ of Certiorarified Mandamus, calling for the records from the first respondent, quash the order of the first respondent dated 27.04.2015 bearing Na.Ka.No.B2/2149/15 in not entertaining the petition to set aside the exparte order as illegal, arbitrary and contrary to law and consequently direct the first respondent to entertain the petition dated 09.03.2015 filed in P.W.Case Nos.20, 21, 22, 23 and 24 of 2014 respectively, to set aside the exparte order dated 18.02.2015 and decide the same on its merits and in accordance with law.
2. Since the issue involved in these writ petitions are interrelated, they are heard together and disposed of by way of a common order.
3. The learned counsel appearing for the petitioner submitted that the respective second respondent filed petition under Section 15(2) of the Payment of Wages Act , 1936 in P.W.Case Nos.20, 21, 22, 23 and 24 of 2014 respectively, before the first respondent. P.W.Case No.20 of 2014 was filed by P.Rajinikanth claiming a sum of Rs.1,06,670/- for non payment of salary, earn leave encashment, bonus and compensation for non payment of salary; P.W.Case No.21 of 2014 w
The authority must provide valid reasons for imposing maximum penalties under the Payment of Wages Act, and failure to do so warrants a reduction in compensation.
The discretion to impose penalties under the Payment of Wages Act must be exercised reasonably, with adequate justification for any enhancements.
Recovery from pension benefits after superannuation contravenes principles of natural justice; legal precedent prevents such deductions without fraud.
The court established that the petitioners were entitled to the higher pay scale as per the Government Resolutions and that the recovery initiated by the respondents was unjust, illegal, and arbitrar....
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