S.P.Chandarkumar v. The Presiding Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.03.2025 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI 1.S.P.Chandarkumar ... Petitioner in W.P.No.25936 of 2015 2.K.Maheswaran ... Petitioner in W.P.No.25937 of 2015 Vs.
1.The Presiding Officer, Principal Labour Court, Vellore.
2.The Management, M/s.Itares Shoes Private Limited, No.33, Gudiyatham Road, Thuthipet, Ambur, Vellore District.
... Respondents in both WPs Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the awards in I.D.Nos.78 & 77 of 2013 dated 04.12.2024 passed by the 1st respondent, The Presiding Officer, Principal Labour Court, Vellore, quash the Awards of dismissing the Industrial Dispute and direct the 2nd respondent Management to reinstate the petitioners in service with continuity of service, back wages and other attendant benefits. For Petitioner (in both WPs) : Mr.E.Srinivasan For Respondents (in both WPs) : Labour Court [R1] Ms.R.S.Lakshmi Priya for M/s.Gupta & Ravi [R2] Page No.1 of 4
COMMON ORDER Since the issue involved in these writ petitions are inter-connected, with the consent of the learned counsel appearing for the parties, these writ petitions are heard together and disposed of by way of this common order.
2. The case of the petitioners/workmen is that, the 2nd respondent factory is engaged in manufacturing leather shoes meant for export and it is an Italian Company. The workmen were employed under the 2nd respondent management as permanent workers from 28.11.2007. Whileso, for the alleged misconduct, disciplinary proceeding was initiated against them and the same ended in dismissal, against which, they have raised industrial disputes in I.D.Nos.78 & 77 of 2013 before the 1st respondent and the same was dismissed by the 1st respondent vide award dated 04.12.2014. Challenging the same, the present writ petitions have been filed.
3. When these matters are taken up for hearing today, learned counsel appearing for the petitioners/workmen as well as the 2nd respondent/management submitted that in view of the strain relationship in between the workmen and the management, there is no possibility for reinstatement. Hence, the learned counsel for the petitioner as well as the 2nd Page No.2 of 4
respondent, on instructions, submitted that during the pendency of these writ petitions, there is an amicable settlement between the parties and the 2nd respondent/management has agreed to pay a sum of Rs.3,00,000/- each as compensation in full quit, to the petitioners/workmen, within a reasonable time that may be fixed by this Court.
4. In view of the above settlement arrived between the parties, this Court modifies the impugned awards passed by the 1st respondent/Labour Court as follows :- (i) the 2nd respondent/management is directed to pay a sum of Rs.3,00,000/- each (Rupees Three Lakhs only), as compensation, in full quit, to the petitioners/workmen, within a period of eight (8) weeks from the date of receipt of a copy of this order.
5. With the above modifications, these Writ Petitions are disposed of. No costs.
26.03.2025 Index : Yes / No Speaking order / Non-speaking order sp Page No.3 of 4
M.DHANDAPANI, J.
sp To The Presiding Officer, Principal Labour Court, Vellore.
26.03.2025 Page No.4 of 4