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Madras High CourtTR CMP/243/2025allowed

The Management Of v. A Geroge Ruban

2026-01-09Honourable Dr.Justice A.D.Maria Clete6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2026

CORAM

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and CMP.Nos.4055, 4058 & 4680 of 2025 1.The Management of Tamil Nadu Pollution Control Board, Rep. by its Member Secretary, No.76, Mount Salai, Guindy, Chennai- 600 032.

2.Deputy Chief Scientific Officer, District Environmental Laboratory, Tamil Nadu Pollution Control Board, Collectorate, Dindigul.

...Petitioners

in both Tr.C.M.Ps'

Vs A.George Ruban

...Respondent in

Tr.C.M.P.No.243 of 2025 M.Vaisalya

...Respondent in

Tr.C.M.P.No.203 of 2025 2.M/s.Trinity Manpower Service, No.1/70, Old Vilachery Road, Pasumalai, madurai- 625 004.

...Respondents

in both Tr.C.M.Ps'

1/6

Prayer in Tr.CMP No.243 of 2025:

Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, pleased to withdraw and transfer the case in I.D.No.25 of 2022 pending on the file of Labour Court, Thiruchirapalli to be tried along with O.P.No.270 of 2021 pending on the file of III Additional Labour Court, Chennai. Prayer in CMP No.4680 of 2025: Petition filed under Section 151 of Civil Procedure Code, pleased to pass an order of interim stay of all further proceedings in I.D.No.25 of 2022 on the file of Labour Court, Thiruchirapalli pending disposal of this Tr.C.M.P.

Prayer in Tr.CMP No.203 of 2025:

Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, pleased to withdraw and transfer the case in I.D.No.26 of 2022 pending on the file of Labour Court, Thiruchirapalli to be tried along with O.P.No.270 of 2021 pending on the file of III Additional Labour Court, Chennai. Prayer in CMP No.4058 of 2025: Petition filed under Section 151 of Civil Procedure Code, pleased to pass an order of interim stay of all further proceedings in O.P.No.270 of 2021 on the file of the III Additional Labour Court, Chennai pending disposal of this Tr. C.M.P.

Prayer in CMP No.4055 of 2025: Petition filed under Section 151 of Civil Procedure Code, pleased to pass an order of interim stay of all further proceedings 2/6

in I.D.No.26 of 2022 on the file of Labour Court, Thiruchirapalli pending disposal of this Tr. C.M.P.

For Petitioners : M/s.Madhuri Donti Reddy For Respondents : Mr.Balan Haridass for R1 Notice is dispensed with for R2 COMMON ORDER These Transfer Civil Miscellaneous Petitions are filed under Section 24 of the Code of Civil Procedure, 1908, seeking withdrawal of I.D.Nos.25 and 26 of 2022 pending on the file of the Labour Court, Thiruchirapalli, and transfer of the same to be tried along with O.P.No.270 of 2021 pending on the file of the III Additional Labour Court, Chennai.

2. Heard the learned counsel for the petitioners and the learned counsel for the first respondent. In the earlier hearing, this Court had ordered notice to the second respondent and extended the interim stay granted on 25.02.2025. 3/6

3. The learned counsel for the first respondent submits that the first respondent has no objection for the transfer sought. It is also brought to notice that the second respondent / manpower agency, did not contest the connected labour proceedings and was set ex parte therein. In the above circumstances, further notice is dispensed with, and the matters are proceeded with.

4. From the materials placed, it is evident that O.P.No.270 of 2021, pending before the III Additional Labour Court, Chennai, pursuant to a reference under the Industrial Disputes Act, 1947, concerns the issue of permanency/regularisation of similarly placed persons, including the first respondent, while I.D.Nos.25 & 26 of 2022, pending before the Labour Court, Thiruchirapalli, at the instance of the very same first respondent, challenges the alleged oral termination and seeks reinstatement with attendant benefits; both proceedings arise out of the same employment arrangement through the manpower agency and involve overlapping factual and legal issues relating to the nature of engagement, the role of the contractor/manpower agency and the relationship pleaded between the parties. 4/6

5. In such a situation, to avoid multiplicity of proceedings, duplication of evidence and the possibility of inconsistent findings, and to secure the ends of justice, this Court is satisfied that the transfer sought deserves to be ordered, particularly when the first respondent expresses no objection.

6. Accordingly, Tr.C.M.P.Nos.243 and 203 of 2025 are allowed, with the following directions:

(i) The Presiding Officer, Labour Court, Thiruchirapalli, shall transmit the entire records in I.D.Nos.25 and 26 of 2022 to the III Additional Labour Court, Chennai, forthwith.

(ii) The III Additional Labour Court, Chennai, shall take up I.D.Nos.25 and 26 of 2022 along with O.P.No.270 of 2021 and proceed with the matters jointly/analogously, as may be appropriate, and dispose of the same on their own merits and in accordance with law.

7. The interim stay granted earlier shall stand merged with this final order. Consequently, CMP.Nos.4055, 4058 & 4680 of 2025 are closed. No costs. 09.01.2026 dpq Index : Yes/No 5/6

DR. A.D.MARIA CLETE dpq To

1. The Labour Court, Thiruchirapalli.

2.The Additional Labour Court, Chennai.

and CMP.Nos.4055, 4058 & 4680 of 2025 09.01.2026 6/6