The Management Of K.Sivasubramaniam Spinner (Pvt) Ltd., v. K.Soundararajan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.04.2025 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.Nos.12562 & 12567 of 2019 and 28639, 28640, 28641 & 28642 of The Management of K.Sivasubramaniam Spinner (Pvt) Ltd.
Nalligoundanpalayam (Pirivu), Thekkalur - Pudupalayam Post, Avinashi Tk., Tirupur District - 641 654, Rep. by its Whole Time Director.
... Petitioner in both WPs Vs.
1.K.Soundararajan ... Respondent in W.P.No.12279 of 2019 2.R.Prasath ... Respondent in W.P.No.12282 of 2019 Prayer in W.P.No.12279 of 2019 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records of the Labour Court, Coimbatore in I.D.No.567 of 2008 and quash its Award dated 20.12.2018 and preliminary Award dated 19.01.2016. Prayer in W.P.No.12282 of 2019 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records of the Labour Court, Coimbatore in I.D.No.568 of 2008 and quash its Award Page No.1 of 5
dated 20.12.2018 and preliminary Award dated 19.01.2016. For Petitioner (in both WPs) : Mr.Anand Gopalan for M/s.Agam Legal Advocates For Respondent in W.P.No.12279 of 2019 : Mr.K.Soundararajan (Party-in-Person) For Respondent in W.P.No.12282 of 2019 Mr.R.Prasath (Party-in-Person) ***** COMMON ORDER These Writ Petitions have been filed by the petitioner seeking for a Writ of Certiorari, to call for the records of the Labour Court, Coimbatore in I.D.Nos.567 and 568 of 2008 and quash its Award dated 20.12.2018 and preliminary Award dated 19.01.2016.
2. The case of the petitioner/management is that, the respective respondent/workmen were employed as worker (Operative Assistant) in the petitioner management for a period more than 10 years and 11 years respectively since 1995 and 1996 respectively. Whileso, disciplinary proceeding was initiated against them and the same ended in dismissal, against which, they have raised industrial disputes in I.D.Nos.567 and 268 of 2008 Page No.2 of 5
before the Labour Court, Coimbatore and the Labour Court ordered for reinstatement with continuity of service and other attendant benefits. Challenging the same, the petitioner management filed the present writ petitions before this Court.
3. When these matters are taken up for hearing today, learned counsel appearing for the petitioner management submitted that the petitioner/management has agreed to pay a sum of Rs.10,00,000/- each as compensation, in full quit, to the respective respondent/workmen, within a reasonable time that may be fixed by this Court.
4. The respective respondent/workmen (Party-in-Person) appeared before this Court and submitted that, they are ready to receive a sum of Rs.10,00,000/- each as offered by the petitioner/management.
5. In view of the submission made by the learned counsel appearing for the petitioner and the respective respondent/workmen(Party-in-Person), this Court modifies the impugned awards passed by the Labour Court as follows :- (i) the petitioner/management is directed to pay a sum of Rs.10,00,000/- each (Rupees Ten Lakhs only), as Page No.3 of 5
compensation, in full quit, to the respective respondent/workmen, within a period of eight (8) weeks from the date of receipt of a copy of this order. M.DHANDAPANI, J.
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6. With the above modification, these Writ Petitions are disposed of. No costs. Consequently, the connected writ miscellaneous petitions are closed. 01.04.2025 Index : Yes / No Speaking order / Non-speaking order sp Note to office: Issue order copy on 02.04.2025. To The Labour Court, Coimbatore.
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