GLIMPSE OF A LATEST VERDICT* *W.P. 9564/2021* The Management, HDFC Bank Ltd. Vs. The Appellate Authority, Under the Shop and Commercial Establishment Act Dated: 22.07.2021

[8/9, 18:29] Sekarreporter: *GLIMPSE OF A LATEST VERDICT*

*W.P. 9564/2021*
The Management, HDFC Bank Ltd. Vs. The Appellate Authority, Under the Shop and Commercial Establishment Act
Dated: 22.07.2021

*Hon’ble Justice S. Vaidyanathan* allowed the Writ Petition and set aside the Order and remanded the matter back to the Appellate Authority in the matter relating to *“Employee entitled to wages during the pendency of Writ Petition”* and further observed and held the following:

i) According to Section 41-A of the Tamil Nadu Shops and Establishments Act, 1947, an employee would be entitled to wages payable to him every month till the disposal of the Writ Petition. Once the order of dismissal is set aside, the employee will be deemed to be in service until it is reversed by a higher forum. In the instant matter, the employee was deemed to be in service pursuant to the order impugned in the Writ Petition.

ii) Once the order of the Appellate Authority is set aside and the order of dismissal relates back, the Court cannot treat the employee as if he is in service and to pay for the future months from the date of the Appellate Authority’s order being set aside. If the Writ Petition is pending, the ‘person employed’ would be entitled to draw wages during the pendency of the Writ Petition, in terms of Section 41-A of the Shops Act.

iii) Therefore, it was held that Management shall pay the last drawn wages due to the employee from the date of filing of the Writ Petition till the date of this order, spread over for a period of six months in equated instalments, from the date of initiation of the proceedings. It was also held that the employee will not be entitled to any amount beyond a period of six months if he is not going to co-operate and participate in the enquiry for any reason.
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