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Madras High CourtWP/18958/2011disposed of with direction

S.Bharathiraja v. The Presiding Officer

2025-02-05Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2025 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.Nos.18958 to 18965 of 2011 S.Bharathiraja ... Petitioner in W.P.No.18958 of 2011 R.Sundararasu ... Petitioner in W.P.No.18959 of 2011 T.Ariputhiran ... Petitioner in W.P.No.18960 of 2011 J.Datchanamurthy ... Petitioner in W.P.No.18961 of 2011 R.Azhagan ... Petitioner in W.P.No.18962 of 2011 V.Sivananthan ... Petitioner in W.P.No.18963 of 2011 K.Sivakumar ... Petitioner in W.P.No.18964 of 2011 G.Sathyakumar ... Petitioner in W.P.No.18965 of 2011 Vs.

1. The Presiding Officer, Labour Court, Pondicherry.

2. The Management of MRF Limited, P.O.Box No.1, Eripakkam Village, Nettapakkam Commune, Pondicherry - 605 106.

... Respondents in all W.Ps COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records of the first respondent in connection with the award passed in I.D.Nos.15, 10, 11, 12, 14, 20 , 7 and 9 of 2007 dated 31.01.2011, quash the Page No.1 of 6

same and remit the matters to the Labour Court for disposal of the said I.Ds afresh in accordance with law.

For Petitioner in all WPs : Mr.V.Prakash, Senior Counsel for M/s.K.Sudalaikannu For Respondents in all WPs : R1 - Court Mr.Anand Gopalan for M/s.Agam Legal Advocate for R2 ***** C O M M O N O R D E R These Writ Petitions have been filed challenging the awards dated 31.01.2011 passed by the first respondent in I.D.Nos.15, 10, 11, 12, 14, 20 ,7 & 9 of 2007.

2. It is the case of the petitioners that they were appointed as apprentices in the 2nd respondent Management in the year 1988. Since they joined with MRF Workers Union seeking statutory benefits, the 2nd respondent Management terminated the petitioners from service on various dates. Aggrieved over the same, the petitioners raised industrial disputes in I.D.Nos.15, 10, 11, 12, 14, 20 ,7 & 9 of 2007 seeking reinstatement with continuity of service along with back wages and all other attendant benefits Page No.2 of 6

before the Labour Court, Puducherry. The Labour Court, vide awards dated 31.01.2011, dismissed the same directing the 2nd respondent to pay a sum of Rs.10,000/- to each of the petitioners. Being not satisfied with the said Award, the petitioners have come up with these writ petitions.

3. The learned counsel for the petitioners submits that the domestic enquiry conducted against the petitioners was not just and proper and the Labour Court has not considered any of the contentions raised by the petitioners in the claim statement and dismissed the claim of the petitioners seeking reinstatement with continuity of service and directed the 2nd respondent to pay a sum of Rs.10,000/- to each of the petitioners which cannot be sustained.

4. The learned counsel appearing for the 2nd respondent submits that the termination orders passed by the Management are not in violation of the Act, which was rightly appreciated by the Labour Court and compensation was awarded in lieu of reinstatement cannot be interfered with. Page No.3 of 6

5. Heard learned counsel appearing on either side and perused the materials placed on record.

6. Admittedly, the petitioners were terminated from service in the year 2004. However, it appears that the petitioners raised industrial disputes after a lapse of 3 years, which cannot be sustained. Considering the service rendered by the petitioners and the quantum of compensation arrived by the Labour court to the tune of Rs.10,000/- each to the petitioners at the relevant point of time, awarding the very same compensation at this point of time would not be just and reasonable. Hence, this Court is inclined to modify the award amount fixed by the Additional Labour Court, Pondicherry in I.D.Nos.15, 10, 11, 12, 14, 20 ,7 & 9 of 2007 dated 31.01.2011 as hereunder: (i) the 2nd respondent is directed to pay a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) to each of the petitioners to the credit of I.D.Nos.15, 10, 11, 12, 14, 20, 7 & 9 of 2007 on the file of the Labour Court, Puducherry, within a period of four (4) weeks from the date of receipt of a copy of this order. On receipt of the same, the petitioners are directed to withdraw the said amount.

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7. With the above direction and observations, these writ petitions are disposed of. There shall be no order as to costs. 05.02.2025 Index : Yes / No Speaking order / Non-speaking order ssb To

1. The Presiding Officer, Labour Court, Pondicherry.

2. The Management of MRF Limited, P.O.Box No.2, Eripakkam Village, Nettapakkam Commue, Pondicherry - 605 106.

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M.DHANDAPANI, J.

ssb W.P.Nos.18958 to 18965 of 2011 05.02.2025 Page No.6 of 6