Management Of Sodecia India Pvt Ltd. v. C.Kumaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Tr.CMP.Nos.330, 339, 340, 342, 343, 344, 345, 346, 347, 349, 350, 351, 354 & 355 of 2022 and C.M.P.Nos.6720, 6731, 6729, 6722, 6725, 6743, 6759, 6718, 6770, 6706, 6595, 6672, 6675 & 6698 of 2022 Tr.C.M.P.No.330 of 2022 Management of Sodecia India Pvt ltd Rep. by its Managing Director Thapalmedu Village, Pukathurai Post, Padalam via, Madhuranthakam Taluk, Kancheepuram District.

... Petitioner Vs.

C.Kumaran ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of CPC, to withdraw ID.No.46 of 2021 pending on the file of Labour Court, Kancheepuram and transfer the same to the file of the learned Labour Court at Chennai, for trial and disposal along with ID.No.442 of 2017, pending therein.

For Petitioner : Mr.K.Hari Shankar For Respondent : Mr.Sakthi Vinayagam for Mr.R.Vignesh 1/4

COMMON ORDER These petitions have been filed to withdraw the petitions in ID.Nos. 46, 54, 48, 52, 51, 53, 43, 56, 49, 55, 57, 44, 47 & 45 of 2021 pending on the file of the Labour Court, Kancheepuram and transfer the same to the Labour Court, Chennai.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

3. The learned counsel for the respondents made an endorsement in the petition to the effect that the respondents have no objection for allowing these transfer petitions. The same is recorded.

4. The respondents herein filed a claim statement under Section 2 of the Industrial Dispute Act before the III Additional Labour Court, Kancheepuram in I.D.Nos.46, 54, 48, 52, 51, 53, 43, 56, 49, 55, 57, 44, 47 & 45 of 2021. 2/4

5. The petitioner herein, who was arrayed as a respondent in I.D.Nos.46, 54, 48, 52, 51, 53, 43, 56, 49, 55, 57, 44, 47 & 45 of 2021 has come up with these transfer petitions mainly on the ground that some of the similarly placed employees had raised Industrial Dispute before the II Additional Labour Court, Chennai in I.D.Nos.46, 54, 48, 52, 51, 53, 43, 56, 49, 55, 57, 44, 47 & 45 of 2021. It is also submitted that the respondents were employed at Vanagaram unit of the petitioner/company throughout their employment and hence, the Labour Court, Kancheepuram may not have the jurisdiction to entertain the claim made by the respondents.

6. In view of the Industrial Dispute raised by the similarly placed employees, pending before the II Additional Court, Chennai and also the fact that the respondents have no objection for transfer, this Court is inclined to allow the transfer petitions as prayed for.

3/4

S.SOUNTHAR , J.

kmm

7. Accordingly, all these transfer petitions are allowed by withdrawing I.D.Nos. 46, 54, 48, 52, 51, 53, 43, 56, 49, 55, 57, 44, 47 & 45 of 2021 from the file of Labour Court, Kancheepuram and transferring the petitions on the file of Labour Court, Chennai for trial and dispose along with I.D.Nos.46, 54, 48, 52, 51, 53, 43, 56, 49, 55, 57, 44, 47 & 45 of 2021. No Costs. Consequently, connected miscellaneous petitions are closed. 12.10.2022 Index : Yes / No Internet : Yes / No kmm To

1. Labour Court, Chennai

2. Labour Court, Kancheepuram Tr.CMP.Nos.330, 339, 340, 342, 343, 344, 345, 346, 347, 349, 350, 351, 354 & 355 of 2022 4/4