The Management Of v. The Presiding Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.11.2023
CORAM:
THE HON'BLE MR.JUSTICE K.KUMARESH BABU and W.P.M.P.No.9 of 2014 The Management of Madras Aluminium Company Limited, Mettur Dam.
... Petitioner Vs 1.The Presiding Officer, Labour Court, Salem.
2.M.Raman 3.T.Manickam 4.Chinnasamy 5.N.Thangavel 6.M.R.Appu 7.S.Subramaniam 8.A.Dhandayuthapani 9.S.Muthusamy 10.M.Arumugam 11.P.K.Kuttappa Nair 12.B.Manickam 13.Singaravelu 14.S.Muthusamy (deceased) 15.K.Gopalsamy 16.M.Vijayakumar 17.T.Sevi 18.M.K.Sivagnanam 1/8
19.M.Kaveriappan 20.M.Munusamy 21.K.Sivasamy 22.C.Rajendran 23.B.Adbul Kuthus 24.Chinnammal 25.Rajasekaran 26.P.Krishnan 27.V.Ayyannan 28.P.Deivaraj 29.A.Perumal 30.T.P.Easwarabn 31.C.Manickam 32.T.K.Gopalan 33.A.Pushparaj 34.S.Palanisamy 35.P.Swaminathan 36.P.Ganesan 37.K.Chinnyusamy 38.R.Siril 39.R.Srinivasan 40.Nallappan 41.C.A.Naatrajan 42.T.K.Narayanan 43.Nanjamma 44.P.Rajarathinam 45.K.Natesan 46.M.Abdul Munaff 47.S.J.Sundararajan 48.V.Krishnan 49.N.Rangasamy 50.P.Sembani 51.M.Subramaniam 52.L.Gurusamy 53.U.Ganapathy 54.Padmanathan 2/8
55.Rajagopal 56.Rajeswari 57.Ravichandran 58.N.Duraisamy 59.S.J.Karunakaran 60.S.Dhandapani 61.A.Somasundaram 62.V.Govindarajan (Deceased) 63.Alphones Mary 64.Josephin Margaret 65.Maria Jesintha 66.R.Rathinasamy 67.R.Appu 68.V.Arulanandam 69.K.Ramachandran 70.S.Purushothaman 71.K.Nagarajan 72.V.Sundaram 73.M.Muthu 74.S.Govindan 75.S.Periasamy 76.K.Kandayammal 77.M.Senthil 78.M.Vasanthi 79.Sakunthala 80.Yasodha 81.Sobana 82.Sangeetha ... Respondents R76 to R78 substituted as Lrs in the place of deceased 14th respondent as per order dated 30.01.2013 in W.P.M.P.No.409 of 2011 R79 to R82 substituted as Lrs in the place of deceased 62nd respondent as per order dated 30.01.2013 in W.P.M.P.No.409 of 2011. PRAYER:- Writ Petition filed under Article 226 of the Constitution of 3/8
India, to issue a Writ of Certiorari to call for the records of the 1st respondent in C.P.Nos.287 to 301, 326 to 330, 332 to 342, 347, 348, 350 to 353, 376, 386, 398, 399, 456, 457, 459, 465, 486 to 489, 630 and 685 of 2002 and 139, 170 to 172, 197 to 200, 265 to 267, 290, 291, 330, 331 of 2003 and 4/ 2004 and 206/2004 and quash the order dated 30.03.2005. For Petitioner : Mr.P.Ragunathan for T.S.Gopalan For R1 : Labour Court For RR2 to 27, 29 to 60, 61 to 67, 69 to 71, 73 & 74 : No appearance
ORDER
This Writ Petition had been filed against the common order passed in various Computation Petitions of the employees. Under a common order, 68 Computation Petitions were allowed and 1 Computation Petition in C.P.No.487 of 2003 had been dismissed.
2. The learned counsels appearing for their respective parties would submit that a settlement had been arrived at between the Management and the employees that each of the Claim Petition filed by the employees and the 4/8
employees legal heirs. Now the Management had come to an understanding with each of the claim petitioners that, each of their employees would be entitled to a sum of Rs.1,00,000/- (Rupees One Lakh only) which is also accepted by the learned counsel appearing for their respective respondents. The learned counsel for the respondents have also made a submission that no further claim will be made.
3. In such view of the matter, the petitioner shall deposit the sum of Rs.1,00,000/- (Rupees One Lakh only) each to the account of the 68 allowed claim petitions within a period of four (4) weeks from today ie., by 18.11.2023. The Labour Court shall keep the said amount to the credit of the respective Computation Petitions in a interest bearing account in a Nationalised bank. The respective petitioners in the Claim Petitions are at liberty to approach the Labour Court for withdrawal of the said amount within 18.05.2024. If there are no withdrawals made on the such deposit, the petitioner is at liberty to take out appropriate applications before the Labour Court and the Labour Court shall refund the amount. In such cases, the respective claim petitioners who have not made their claim before the 5/8
Labour Court are at liberty to approach the petitioner for the payment of such amount. However, it is made clear that if such belated claim is made, they are not entitled for any interest.
4. With the aforesaid directions, this Writ Petition is disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
20.11.2023 gba Index : Yes/No Speaking order : Yes/No To The Presiding Officer, Labour Court, Salem.
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K.KUMARESH BABU,J.
Gba and W.P.M.P.No.9 of 2014 7/8
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