The dismissal of workers was deemed unjustified due to lack of evidence for misconduct, leading to a conclusion of legal victimization and entitlement to reinstatement and back wages.

COMMON JUDGMENT

Heard.

2. All five writ petitions have been filed by the Management challenging a common award passed by the Labour Court, Kanchipuram, in I.D. Nos. 261 to 265 of 2018 dated 31.12.2019. By the said award, the Labour Court held that the https://www.mdhics.tmn.giosvs.ina/jlu doisrders passed again( Usptl otahdeed ofni:v 0e1/ 0r4e/2s0p25o 0n4:d46e:5n5t p mw )orkmen were unjustified and, consequently, they are eligible to be reinstated with continuity of service and full back wages. The first two writ petitions, namely W.P. Nos. 5729 and 5731 of 2020, were admitted on 09.03.2020, and interim stay orders were granted in W.M.P. Nos. 6691 and 6693 of 2020. Subsequently, W.P. Nos. 6173, 6175, and 6177 of 2020 were admitted on 10.03.2020, and interim stay orders were granted in W.M.P. Nos. 7249, 7251, and 7253 of 2020 for a period of four weeks.

3. Upon receipt of notice from this Court, each of the respondents in the respective writ petitions entered appearance and filed applications under Section 17B of the Industrial Disputes Act, seeking payment of last drawn wages. The applications were filed as follows: W.M.P. No. 12836 of 2020 in W.P. No. 5729 of 2020, W.M.P. No. 12837 of 2020 in W.P. No. 5731 of 2020, W.M.P. No. 12838 of 2020 in W.P. No. 6173 of 2020, W.M.P. No. 12841 of 2020 in W.P. No. 6175 of 2020, and W.M.P. No. 12844 of 2020 in W.P. No. 6177 of 2020.

4 In respect of W.M.P. No. 12837 of 2020 (B. Karthikeyan) and W.M.P. No. 12838 of 2020 (R. Sridhar), separate orders were passed directing the Petitioner Management to pay the last drawn wages under Section 17B of the Industrial Disputes Act from the date of filing of the writ petition, within a period of two weeks. Similarly, in W.M.P. Nos. 12836, 12841, and 12844 of 2020, pertaining to M/s. L. Raji, P. Jagadeesan, and S. Ganeshan respectively, a common order dated https://www.m2h5c..t0n.g8o.v2.in0/j2ud2is was passed by thi(s U Cplooaduerdt o,n w: 01h/0i4c/2h0 2r5e 0a4d:4s6: 5a5s p mfo )llows:

“2. The learned counsel for the respondent management has submitted before this Court that petitioners/respondents employees were gainfully employed at Hero Honda Showroom at Adyar and M/s.Barga India Private Limited respectively. Therefore, they are not entitled for the back wages under Section 17 B of the Act.

3. Though averments are made in the counter affidavit that the petitioners are gainfully employed, but no records or documents placed have been before this Court to prove that the petitioners/respondents employees are gainfully employed in the Hero Honda showroom at Adyar and M/s.Barga India Private Limited respectively. In the absence of such material, there shall be a interim direction to the petitioner management to pay the arrears of last drawn salary, from the date of filing the writ petition, till this month, within a period of six weeks from the date of receipt of a copy of this order. The petitioner management shall also pay the last drawn salary to the petitioners, in furture on or before 10th day of every succeeding English calender months.”

5. The Petitioner Management filed W.M.P. No. 31534 of 2022 in W.P. No. 6177 of 2020, seeking modification of the order dated 25.08.2022 passed in W.M.P. No. 12844 of 2020 (S. Ganeshan), praying for the dismissal of the worker’s petition and for rendering the stay order obsolete. A similar petition was filed in W.M.P. No. 31530 of 2022 in W.P. No. 6175 of 2020 (P. Jagadeesan). Both petitions were taken up together and were disposed of by a common order dated 01.12.2022. The relevant portion of the order read