The Divisional Engineer v. P.Durai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.09.2024

CORAM

THE HON'BLE MS. JUSTICE R.N.MANJULA and W.M.P.No.2089 of 2024 & W.M.P.No.23679 of 2020 The Divisional Engineer, Highways Department, Sugarcane Development Projects, Beach Road, Cuddalore - 607 001.

... Petitioner in both W.Ps Vs.

1. P.Durai ... R1 in both the W.Ps

2. The Presiding Officer, Labour Court, Cuddalore -1. ... R2 in W.P.No.1972 of 2024 PRAYER in W.P.No.1972 of 2024: The Writ Petition filed under Article 226 of the Constitution of India, praying to issue the Writ of Certiorarified Mandamus, to call for the records of the second respondent in C.P.No.53 of 2012 dated 13.07.2023 to quash the same as illegal, arbitrary and non-est in the law.

PRAYER in W.P.No.19107 of 2020: The Writ Petition filed under Article 226 of the Constitution of India, praying to issue the Writ of Certiorarified Mandamus, calling for the records relating to the order dated 18.11.2019 made in C.P.No.41 of 2014 on the file of the Labour Court, Cuddalore to quash the same.

For Petitioner : M/s.M.Jayanthy, AGP For R1 : No appearance R2 : Labour Court

O R D E R

The petitioner-Highways Department has filed these writ petitions challenging the orders of the Labour Court, Cuddalore made in C.P.No.41 of 2014 dated 18.11.2019 and C.P.No.53 of 2012 dated 13.07.2023.

2. The first respondent/workman had already raised an Industrial Dispute in I.D.No.592 of 1992 on the file of the Labour Court, Cuddalore and he has also got an Award directing the petitioner to reinstate the first respondent and to pay 50% of back wages. Consequently, the first respondent has filed C.P.No.41 of 2014 on the file of the Labour Court, Cuddalore and an Award has also been passed in

his favour by computing the dues payable to the respondent-workman at Rs.1,40,010/-. Challenging the same, writ petitioner has filed W.P.No.19107 of 2020 and another writ petition in W.P.No.1972 of 2024 has been filed challenging the order passed by the second respondent in C.P.No.53 of 2012 dated 13.07.2023.

3. The petitioner has filed yet another writ petition in W.P.No.118 of 1999 against the order of the second respondent dated 12.05.1998 in I.D.No.592 of 1992. This Court vide order dated 08.02.2006 dismissed the said writ petition.

4. Since the Award has been passed in both C.P.No.53 of 2012 and C.P.No.41 of 2014, which is consequential to the pre-existing right of the petitioner-Highways Department, the Labour Court has also rightly calculated the same and passed the Award, and hence it is unreasonable for the petitioner-Highway Department to object the same.

5. In view of the abovesaid reasons, both the writ petitions are dismissed. No costs. Consequently connected miscellaneous petitions are also dismissed.

05.09.2024 mfa

R.N.MANJULA , J mfa and W.M.P.No.2089 of 2024 & W.M.P.No.23679 of 2020 05.09.2024