M/S.S&S Industries And v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2019

CORAM

THE HON'BLE DR.JUSTICE VINEET KOTHARI AND THE HON'BLE MR.JUSTICE R.SURESH KUMAR Writ Appeal No.1626 of 2013 and M.P.No.1 of 2013 & C.M.P.No.2679 of 2019 M/s.S&S Industries and Enterprises Limited represented by its Dy.General Manager Mr.S.Ramasamy, 204, SIDCO AIEMA Towers First Main Road, Ambattur Industrial Estate Chennai 600 058.

...Appellant/Petitioner -Vs1. The Presiding Officer, Principal Labour Court Vellore, Vellore District.

2. The Secretary to Government Labouor & Employment Department, Government of Tamil Nadu, Fort St.George

3. C.Velmurugan

4. K.Rajendiran

5. P.B.Ramakrishnan

6. R.Munusamy

7. A.K.Ranganathan

8. K.Arumugam

9. G.Baskaran 10.D.Sundaramoorthy 11.P.Rukku ammal 12.R.Jagan 13.R.Baskar 14.G.Mohanan 15.S.Ramanthan 16.D.Srinivasan 17.K.Shanmugam 18.N.Kuppan 19.N.Vijayaragavan 20.L.Swaminathan 21.S.Hari Krishnan 22.B.Mohana 23.C.Rajkumar 24.A.Sivasankaran 25.Mr.M. Palani(Died) 26.Minor Aruna 27.R.Govindan

28.A.S.Saravanan 29.A.Srinivasan 30.J. Ravichandran 31.M.Mekendiran 32.A.Sambandam 33.G.Venkatesan 34.S.Baskar 35.L.Gunasekaran 36.D.Balaji 37.D.Balaji 38.D.Raghu 39.M.Shanmuga Sundaram 40.S.Venugopal 41.K.Sugumar 42.S.Swaminathan 43.A.Murugavel 44.K.Ravichandran 45.K.Sivasankar 46.L.Manoharan 47.N.Chandrasekaran 48.P.Sampath Kumar 49.T.Gnanasekar 50.S.Balamurugan 51.T.S. Venkadathri 52.G.Poyya Mozhi 53.S.G.Palani 54.K.Mani 55.R.Ravi 56.G.Kumar ..Respondents For Appellants : Mr.B.Natarajan For Respondents: R1 - Court R2 - Mrs.A.Srijayanthi, Special Government Pleader R3 - Mr.S.Rajaram, RR3 to 56.

Prayer : Appeal under Clause 15 of the Letters Patent against the order of this Court dated 19.07.2013 passed in M.P.No.1 of 2011 in W.P.No.9879 of 2010.

W.P.No.9879 of 2010:

This Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased (i) to stay the Petition of the impugned common award dated 19.03.2010 passed by the 1st Respondent in Industrial Disputes Nos. 32/2002 to 38/2002, 40/2002 and 63/2002, 65/02 to 71/02, 73/02 to 87/02 and 89/02(in M.P.No.1/2010)

ii) Vacate the stay order dated 05.05.2010 granted in M.P.No.1/2010 in W.P.No.9879/2010(M.P.1/2011) This Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the 1st Respondent relating to the impugned common award dated 19.03.2010 passed by the 1st Respondent in Industrial disputes Nos. 32/02 to 38/02, 40/02 to 63/02, 65/02 to 71/02,73/02 to 87/02 and 89/02 quash the same and pass such further order.

J U D G M E N T

(Judgment of the Court was delivered by DR.VINEET KOTHARI, J.) This Writ Appeal is filed against the interlocutory order dated 19.07.2013 passed by the learned Single Judge, whereby the learned Single Judge has directed as under:- "The petitioners / respondents 3 to 56 were workmen employed in the writ petitioner company. The respondent No.26 is no more. The Labour Court passed an award in their industrial disputes reinstating the workmen with 50% backwages and continuity of service. The Management has filed the writ petition, questioning the aforesaid award.

2.An affidavit is filed stating that the workmen are without employment, despite their best efforts. In this circumstances, a direction is issued to the writ petitioner to pay the last drawn salary every month to the petitioners /respondents 3 to 56 from the date of writ petition and the writ petitioner is directed to pay the arrears upto June 2013 on or before 10.08.2013 and the writ petitioner shall continue to pay the last drawn salary from July 2013 and for subsequent months on or before 10th of every month. Accordingly, this M.P.No.2 of 2011 in W.P.No.9879 of 2010 is allowed."

2. While issuing notice in the present Appeal, a Coordinate Bench of this Court had passed the following order on 05.08.2013.

"Notice to the respondents through Court, as well as privately, returnable on 19.08.2013. There shall be an order restraining the workmen from withdrawing the amount deposited pursuant to the conditional order dated 05.05.2010."

3. Having regard to the facts and circumstances of the case, we are of the opinion that no interference is called for in the impugned interim order and therefore, we request the learned

Single Judge to decide the pending writ petition as expeditiously as possible and till the disposal of the writ petition, the stay order granted by the Division Bench of this Court dated 05.08.2013 shall continue. With the above observations, the Writ Appeal is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To 1.The Presiding Officer, Principal Labour Court, Vellore, Vellore District.

2. The Secretary to Government, Labour & Employment Department, Government of Tamil Nadu, Fort St.George.

Copy to The Section Officer Writ Section High Court, Madras 104.

Writ Appeal No.1626 of 2013 RSI(CO) SP(29/01/2020)