← Library
Madras High CourtWP/1598/2015disposed of with direction

The Management v. The Presiding Officer

2025-03-03Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-03-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI and M.P.Nos.1 (3 Nos.) of 2015 WP Nos. 1598 of 2015

1. The Management M/s.KAS Leathers Exports, No.151, Old No.118C, MBD Road Cross, Ranipet, Rep.by Manager Petitioner(s) Vs

1. The Presiding Officer Labour Court, Vellore 2.C.Jayaraj 3.The Management Messrs Fact Leather Factory, 1/1A Jahaniri Hussain Street, Ranipet Respondent(s) WP No. 1602 of 2015

1. The Management M/s.KAS Leathers Exports, No.151, Old No.118C, MBD Road Cross, Ranipet, Rep. by Manager Petitioner(s)

Vs

1. The Presiding Officer Additional Labour Court, Vellore 2.C.Jayaraj 3.R.Ramaswamy 4.M.Palanivelu 5.M. Jayamani 6.The Management M/s.Fact Leather Factory, 1/1A Jahaniri Hussain Street, Ranipet Respondent(s) WP No. 1603 of 2015

1. The Management M/s.KAS Industries India Ltd., No.151, Old No.118C, MBD Road Cross, Ranipet, Rep. by its Manager Petitioner(s) Vs

1. The Presiding Officer Additional Labour Court, Vellore 2.C.Jayaraj 3.R.Ramaswamy 4.M.Palanivelu 5.M. Jayamani Respondent(s) WP No. 1598 of 2015 PRAYER This writ petition has been filed under Article 226 of the Constitution of India seeking for issuance of a writ of certiorari to quash the common Award dated 30.03.2007 insofar as it relates to ID No.76 of 2001 passed by the first respondent, Labour Court, Vellore.

WP No. 1602 of 2015 PRAYER This writ petition has been filed under Article 226 of the Constitution of India seeking for issuance of a writ of certiorari to call for the records connected with C.P. No.44 of 2008 and quash the order dated 08.09.2011 passed by the 1st respondent, Additional Labour Court, Vellore. WP No. 1603 of 2015 PRAYER This writ petition has been filed under Article 226 of the Constitution of India seeking for issuance of a writ of certiorari to call for the records connected with C.P. No.131 of 2012 and quash the order dated 26.11.2014 passed by the 1st respondent, Additional Labour Court, Vellore. For Petitioner(s) in all W.P.s:

Mr. C. Manohar Gupta For M/s.Gupta And Ravi For Respondent(s) in W.P.No.1598 of 2015:

R1-labour Court R2 and R3 - No Appearance For Respondent(s) in W.P.No.1602 of 2015:

R1- Labour Court R2 and R3 - No appearance For Respondent(s) in W.P.No.1603 of 2015:

R1- Labour Court R2 to R5 - No appearance COMMON ORDER These three writ petitions are filed by the management challenging the award passed in I.D.No.76 of 2001 and C.P.Nos.44 of 2008 and 131 of 2012.

The respondent workmen were employed under the petitioner management and they were terminated from service on account of certain misconducts. The aggrieved workman raised the industrial dispute and by way of common award, the Labour Court directed reinstatement of the respondent workmen together with 50% of back wages and all other attendant benefits.

2. The learned counsel for the petitioner management contended that during the material point of time, the respondent workmen were working under the management of Messers Fact Leather Factory, to whom the petitioner management has sold its business. Without appreciating the said fact, the Labour Court had apportioned payment of back wages and other attendant benefits at 50% each to the petitioner management and the said Messers Fact Leather Factory. It is the case of the respondent workmen that they were denied employment by the petitioner management.

3. Subsequently, the petitioners filed two computation petitions during the year 2008 and 2012 claiming back wages and arrears of wages from the petitioner management. The said computation petitions were ordered in favour of the respondent workmen. The learned counsel for the petitioner submitted

that the Labour Court had failed to appreciate the materials placed before it and had awarded a huge sum to each of the employees. The learned counsel further submitted that in view of strained relationship between the parties it would not be conducive to accommodate them once again. Learned counsel suggested that the petitioner is willing to offer compensation to each of the respondent workmen in lieu of reinstatement, back wages and other attendant benefits. 4.The respondents in respective writ petitions despite service of notice had not entered appearance either by themselves or through counsel.

5. This Court has perused the impugned orders and also considered the offer made by the petitioner counsel.

6. In view of the same, the following order is passed. (i) The award passed by the Labour Court in I.D.No.76 of 2001 is confirmed. The order passed in C.P.Nos.44 of 2008 and 131 of 2012 are modified.

(ii) The respondent workmen would be entitled to a sum of Rs.2,25,000/- (Rupees Two Lakhs Twenty Five Thousand Only) each.

(iii) The said sum is granted in Full quit.

(iv) It is clarified that the respondent workmen would not be entitled for any other reliefs.

(v) The writ petitions stand disposed of accordingly. There will be no order as to costs. Consequently, connected miscellaneous petitions are closed. 03-03-2025 RAP Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Presiding Officer Labour Court, Vellore

M.DHANDAPANI J.

RAP WP Nos. 1598, 1602 & 03-03-2025