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Madras High CourtWP/2913/2015dismissed

M/S.Together Textile Mills v. The Labour Court,

2022-03-30Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.2913 of 2015 and M.P.No.3 of 2015 M/s.Together Textile Mills India Private Limited, Rep. by its General Manager-Ravi K.Shetty, Reg. Office, S.F.No.460/3B, 461/2A, 461/2B, Somayampalayam Village, Kanuvai, Coimbatore - 641 108.

...Petitioner

-Vs1.The Labour Court, Coimbatore.

2.A.Surendra Kumar

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records of the 1st respondent in I.D.No.76 of 2005 and quash its Award dated 30.07.2013.

For Petitioner : Mr.S.Bazeer Ahamed For R1 : Labour Court For R2 : Mr.G.B.Saravanabhavan

ORDER

With the consent of both the parties, this writ petition is taken up for final disposal.

2.

The learned counsel appearing for the petitioner/Management submitted that they have no instructions from their client.

3. A perusal of the impugned Award reveals that the workman was orally terminated. As per the claim statement, the workman https://hcservices.ecourts.gov.in/hcservices/

was employed as an Assistant Mechanic in the Tailoring Section in the Management for more than 8 years.

4. This aspect has been admitted by the Management in their counter statement also, by stating that the workman was engaged from 16.08.1997 onwards. The fact that he was orally terminated has not been denied. No documents have been filed before the Labour Court to otherwise substantiate the case of the Management.

5. While that being so, when a workman who has put in continuous service of more than 1 year, cannot be retrenched without recourse to the procedure contemplated under Section 25F of the Industrial Disputes Act, 1947. It is on this basis, the Labour Court has also found that the oral termination, without following due process, is illegal.

6. As such, there is no infirmity in the Award of the Labour Court. Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar hvk To The Labour Court, Coimbatore.

+1cc to M/s.G.B.Saravanabhavan, Advocate, S.R.No.21442 W.P.No.2913 of 2015 and M.P.No.3 of 2015 RP(CO) SB(18/04/2022) https://hcservices.ecourts.gov.in/hcservices/