K.Muthuvellayan v. M/S.Chettinad South India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.03.2015
CORAM
THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR. JUSTICE M.M.SUNDRESH O.S.A.No.22 of 2015 1.K.Muthuvellayan 2.AR.Kulandaivel 3.K.Palaniappan 4.J.Aruputham 5.K.Subramanian 6.L.M.Yadaiah 7.T.V.Subramani 8.V.Lakshmanan 9.G.Raman 10.S.P.Murugan 11.V.Gurusamy 12.R.Gunasekaran 13.J.Jesudoss 14.KS.Subramani 15.K.Gunasekaran 16.A.Murugesan 17.C.Pandiyan 18.V.Baskar 19.V.Muthukumar 20.KR.Raju 21.R.Rangan 22.K.Rengasamy 23.S.Saravanan 24.C.Murugan 25.J.Karthikeyan 26.Hussain Sarif Labe, 27.D.Venkatesham (The plaintiffs 2 - 27 herein are all represented by their Power Agent Mr.K.Muthuvellayan.) ... Appellants/plaintiffs versus
1.M/s.Chettinad South India Corporation Ltd., represented by its President Rani Seethai Hall, 5th Floor, No.603, Anna Salai, Chennai 600 006.
2.Chettinad Cement Ltd., represented by its Director Rani Seethai Hall, 5th Floor, No.603, Anna Salai, Chennai 600 006.
3.Chettinad Morimura Semi-Conductor Material Pvt., Ltd., represented by its Managing Director Rani Seethai Hall, Chennai 600006.
... Respondents/Defendants Appeals filed under Order 36 Rule 9 of Original Side Rules read with Clause 15 of the Letters Patent Act, against the order dated 03.11.2014 in Application No.5443 of 2014 in C.S.No.561 of 2014. For Appellants : Mr.P.L.Ravikumar for Mr.K.Sudalaikannu For Respondents : Mr.A.L.Somayaji - Advocate General assisted by Mr.Ranganathan for M/s.T.S.Gopalan and Co.,
J U D G M E N T
(Judgement of the Court was delivered by The Hon'ble Chief Justice) The appellants/plaintiffs numbering 27 filed a suit against the respondents/defendants alleging that they are employees engaged for the services by the respondents in the Chettinad house. They claim that that they were originally employed in various companies with the Chettinad Group and have been transferred inter se groups on the requirement of the companies from time to time and have rendered blameless services. Despite the contract of employment being enforced, it is alleged that the salaries have not been paid to the appellants from January, 2014. The following prayers are made in paragraph-12:
"The plaintiff therefore prayed for a Judgment and Decree against the Defendants:
a) For a declaration declaring the action of the Defendants in not paying the plaintiff's Wages/Salaries, from January, 2014 in respect of First plaintiff, February 2014 as in the case of second plaintiff and from May 2014 for all the other Plaintiffs as illegal.
b) To pay the Plaintiffs a sum of Rs.31,15,319/- together with interest thereon from January 2014 in respect of First plaintiff, February 2014 as in the case of second plaintiff and from 2014 for all the other plaintiffs, till the date of actual payment.
c) For a permanent injunction restraining the defendants jointly and severally from denying the salaries to the plaintiffs pending disposal of this suit, and d) Directing the Defendants to pay the plaintiffs costs of the suit."
2. The respondents filed an application under Order VII Rule 11 of the Civil Procedure Code, 1908 (hereinafter referred to as 'the said Code'), on account of the misjoinder of causes of action, which found favour with the learned Single Judge in terms of the impugned order dated 03.11.2014, with the direction to the Registry to return the plaint and to re-present them before the courts having jurisdiction as the claim of each of the plaintiffs was distinct and separate. The appellants, aggrieved by this order, preferred the present appeal.
3. During the course of the hearing of the appeal, an endeavour was made to resolve the controversy, but the final settlement in a sense could not take place. However, to a limited extent, there was agreement on one issue - that the appellants are willing to work and the respondents had not issued any transfer order as alleged by them, albeit orally. We made it clear by our last order dated 04.03.2015 that in view of larger issues inter se the management of the company, these employees cannot suffer and the salary dues outstanding from January, 2014 to February, 2015 ought not to be retained so as to pressurise these people and all these amounts of arrears being paid and communication for reporting for duty being issued, the appellants would be bound to report for duty and if they are not desirous of continuing the service, it was always open to them to terminate the arrangement of service in accordance with law and norms.
4. Learned Senior Counsel appearing for the respondents states today that he has brought cheques for the amounts due right up to February, 2015, which have been collectively handed over to the learned counsel for the appellants.
Simultaneously, the communication dated 16.08.2014 had been issued by the respondents, which has been received and acknowledged by the counsel for the appellants on behalf of the appellants, also giving details of calculation and calling upon them to report at the place where the respondents seek them to work.
5. The aforesaid being the position, the learned counsel for the appellant states that all the appellants want to continue to work, they would report accordingly.
6. As far as the suit is concerned, the relief has worked itself out, the appellants have already been granted the amounts for which they have actually sued. We are not inclined to grant any interest in the situation or costs of the proceedings.
7. Needless to say that qua the relief of not denying the appellants their salaries, the appellants should be paid the amounts as per the entitlement subject to their reporting for work at the place where they have been called upon to work. There can be no other relief in the suit. The questions of law decided in the suit are left open.
8. The Original Side Appeal accordingly stands disposed of in terms of the aforesaid, leaving the parties to bear their own costs. Decree be drawn accordingly. Consequently M.P.No.1 of 2015 is closed. Sd/- Assistant Registrar //True Copy// ksr Sub Assistant Registrar To The SAR, Original Side, High Court, Madras.
+3cc's to M/s.T.S.Gopalan & Co., Advocate, S.R.No.14464 +1cc to Mr.K.Sudalai Kannu, Advocate, S.R.No.14553 O.S.A.No.22 of 2015 SU(CO) CA(08/04/2015)