M/S. Tnk Govindaraju Chetty And Co Pvt Ltd. v. B. Ganesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN in W.A.No.1342 of 2016 and C.M.P.No.943 of 2022 M/s.TNK Govindaraju Chetty & Co. Pvt Ltd.

Owner of Devi, Devi Paradise, Devi Bala & Devi Kala Theatres, Rep. by K.N.Varadarajan, Executive Director, T.N.K.House, 48, Anna Salai, Chennai - 600 002.

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Petitioner Vs.

1.B.Ganesan 2.R.P.Karthikeyan 3.M.Ramamurthy 4.S. Ramu 5.T.P.Rajendran 6.S.Sivakumar 7.P.Vijayakumar 8.A.Arjunan 9.E.Babu 10.T.G.Kuppusamy 11.S.Mohan 12.N.Parthasarathy 13.R.Rajagopal 14.V.Ramesh Babu 15.G.Ramesh Rao 16.S.Santhanaraj (died) 17.C.Sundaram 18.P.Dinakaran 19.S.Selvaraj Page No.: 1 of 6

20.K.Srinivasan 21.E.Ganesan 22.V.Jayavel (died) 23.A.Kumaravelu 24.S.Masilamani 25.V.Muraligopal 26.K.Neelamohan 27.S.V.Ramki (died) 28.J.Fathima 29.K.Govindammal (died) 30.N.Indira 31.M.Maheswari 32.M.Nagammal 33.V.Ramalingam 34.P.Saradha 35.A.Velankanni 36.N.Venkataramana 37.S.Victoria 38.V.Karunakaran 39.S.Daisy 40.S.Charles Raj 41.S.Clinton Raj [appellants 39 to 41 are impleaded as LRs of the deceased 16th appellant vide order dated 18.07.2024 made in CMP.Nos.3994,15397,18294,18302,18318 and 18321 of 2022 in W.A.No.1342 of 2016] 42.Krishnaveni 43.Kamatchi 44.Varalakshmi 45.Narendrakumar 46.Bhavani [appellants 42 to 46 are impleaded as LRs of the deceased 22nd appellant vide order dated 18.07.2024 made in C.M.P.Nos.3994,15397,18294,18302,18318 and 18321 of 2022 in W.A.No.1342 of 2016] 47.R.Tamilselvi 48.Vennila 49.R.Mani Page No.: 2 of 6

[appellants 47 to 49 are impleaded as LRs of the deceased 27th appellant vide order dated 18.07.2024 made in C.M.P.Nos.3994,15397,18294,18302,18318 and 18321 of 2022 in W.A.No.1342 of 2016] 50.Dinakaran 51.Allirani 52.Haridoss 53.Mahalakshmi 54.Alamelu 55.Mageshwari [appellants 50 to 55 are impleaded as LRs of the deceased 34th appellant vide order dated 18.07.2024 made in C.M.P.Nos.3994, 15397, 18294, 18302, 18318 and 18321 of 2022 in W.A.No.1342 of 2016] 56.K.Radhakrishnan [A29 (died) is substituted by the appellant 56 as LRs of the deceased 29th appellant vide order dated 18.07.2024 made in C.M.P.Nos.3994,15397,18294,18302,18318 and 18321 of 2022 in W.A.No.1342 of 2016] 57.S.Umamageshwari 58.M.Sarala 59.A.Mohan [A8 (died) is substituted by the appellants 57 to 59 as LRs of the deceased 8th appellant vide order dated 18.07.

2024 made in C.M.P.Nos.3994,15397,18294,18302,18318 and 18321 of 2022 in W.A.No.1342 of 2016] 60.S.Kamal 61.A.L.Balasubramaniam 62.M.N.Dev Anand 63.Mohammed Jamaludhin 64.M.Arumugam 65.V.Kannan 66.G.Mohan 67.Mohammed Eliyas 68.S.Murali H.Ravi (Deceased) 69.C.Susairaj 70.N.Varadhan Page No.

71.D.Vijayakumar 72.V.Parthasarathy 73.S.K.Saravanan 74.A.Kripanandan 75.T.Nagarajan 76.S.Perumal 77.C.Satish 78.J.Charles 79.A.Elumalai 80.K.R.Parthiban 81.K.Rajkumar 82.V.Sivakumar 83.S.Suresh 84.K.Govindamma 85.C.Manjula S.Kuyini (Deceased) 86.R.Sowri 87.R.Kalaiselvi 88.R.Surender 89.H.Damayanthi [R69 to R71 substituted in place of deceased R26 as order dated 26.10.2015 in M.P.No.5 of 2015 in W.P.No.22249/2012] 90.N.Vasu 91.V.Jayapriya 92.V.Girija [R72 to R74 substituted in place of deceased R61 as order dated 26.10.2015 in M.P.No.5 of 2015 in W.P.No.22249/2012] 93.The Presiding Officer, II Additional Labour Court, Chennai.

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Respondents For Petitioner :

Mr.R.Anand Kumar For Respondents :

Mr.S.P.Srinivasan - R1 ***** Page No.: 4 of 6

O R D E R

(Order of the Court was made by R.SUBRAMANIAN, J.) The petitioner / management has filed this petition seeking to withdraw a sum of Rs.2,50,000/- along with accrued interest, if any, lying to the credit of C.P.No.84 of 2009 on the file of the II Additional Labour Court. 2.

The management was directed to deposit a sum of Rs.10,00,000/- as a condition for grant of stay pending writ petition. The workmen were allowed to withdraw a sum of Rs.7,50,000/- and the remaining sum of Rs.2,50,000/- was directed to be kept in the Fixed Deposit. Eventually, the writ petition came to be allowed by setting aside the award of the Labour court. The aggrieved workmen had preferred writ appeal and this Court, by order dated 19.09.2024, dismissed the writ appeal.

3.

It is stated that the first appellant alone has filed a review petition and the same is pending. Once the award has been set aside by this court and the appeal that has been preferred as against the said order in W.A.No.1342 of 2016 has also been dismissed by this Court. We do not see any reason to retain a sum of Rs.2,50,000/- which has been deposited by the management pursuant to the interim order made in the writ petition. Page No.: 5 of 6

4.

Hence, this petition is allowed and the management / petitioner in C.M.P.No.5640 of 2025 is permitted to withdraw a sum of Rs.2,50,000/- [Rupees Two Lakhs Fifty Thousand only] along with accrued interest, if any, lying to the credit of C.P.No.84 of 2009 on the file of the II Additional Labour Court.

(R.SUBRAMANIAN J.) (G.ARUL MURUGAN J.) 01.04.2025 sri To The Presiding Officer, II Additional Labour Court, Chennai.

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