Madras High CourtWP/8364/2021disposed of

The Management v. T.Sekar

2022-12-12Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and WMP Nos.8918 of 2021 and 26487 of 2022 The Management MRF Limited Thiruthani Road, Ichiputhur Arakonam 631 003 Rep by its General Manager ... Petitioner Vs T.Sekar (Employee No.1081) ... Respondent Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records of the Industrial Tribunal, Tamil Nadu, Chennai dated 07.01.2020 in Approval Petition No.26 of 2012 and quash the same.

For Petitioner ...

Mr.Anand for M/s T.S.Gopalan & Company For Respondent ...

Mr.V.Prakash Senior Advocate for Ms.K.Sindhuja 1/4

O R D E R

The petitioner has challenged the order dated 07.01.2020 passed by Industrial Tribunal, Chennai in Approval Petition No.26 of 2012, under which, a finding has been given that the Enquiry conducted by the petitioner Management against the respondent/workman is not fair and proper.

2. Admittedly, as seen from the impugned order, the contentions of the respective parties to the dispute viz., the petitioner as well as the respondent, have not been considered. Therefore, by consent of the respective parties given by their respective counsels, the following directions are issued:- i) The impugned order dated 07.01.2020 passed by the Industrial Tribunal, Chennai in Approval No.26 of 2012, in which, it has been held that the Enquiry conducted by the petitioner Management against the respondent/workman is not fair and proper is hereby quashed and the matter is remanded back to the Industrial Tribunal, Chennai for fresh consideration on merits and in accordance with law within a time frame to be fixed by this Court.

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ii) The Industrial Tribunal, Chennai shall pass final orders on merits and in accordance with law on the preliminary issue as to whether the Enquiry has been conducted in a fair and proper manner or not after giving due consideration to the contentions of the respective parties by a speaking order within a period of four weeks from the date of receipt of a copy of this order.

3. This Court is not expressing any opinion on the merits of the respective contentions.

With the aforesaid direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 12.12.2022 Index: Yes/ No Speaking Order/Non-speaking Order sr ABDUL QUDDHOSE, J.

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To The Industrial Tribunal, Chennai W.P.No.8364 of 2021 12.12.2022 4/4