The Management v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 30-10-2015

CORAM

THE HONOURABLE MR.JUSTICE S.MANIKUMAR AND THE HONOURABLE MR.JUSTICE G.CHOCKALINGAM WRIT APPEAL Nos.1276 TO 1281 OF 2013 The Management, M/s.Floram Shoes (India) Pvt.Ltd., M.C.Road, Agaramchery Post, Madhanur Via, Vellore District, represented by its Managing Director.

...Appellant in all WAs/ Petitioner in all the WPs -vsThe Presiding Officer, Principal Labour Court, Vellore.

...1st Respondent in all the WAs/ 1st Respondent in all the WPs R.Robert ...2nd Respondent in W.A.No.1276 of 2013/ 2nd in W.P.No.22070 of 2011 G. Mani Megalai ...2nd Respondent in W.A.No.1277 of 2013/ 2nd in W.P.No.22071 of 2011 T. Franchanna ...2nd Respondent in W.A.No.1278 of 2013/ 2nd in W.P.No.22072 of 2011 U.Shabana ...2nd Respondent in W.A.No.1279 of 2013/ 2nd in W.P.No.22074 of 2011 S.Padmavathi ...2nd Respondent in W.A.No.1280 of 2013/ 2nd in W.P.No.22075 of 2011 M.Kumar ...2nd Respondent in W.A.No.1281 of 2013/ 2nd in W.P.No.22076 of 2011

These Writ Appeals filed under Clause 15 of the Letter Pattern against the order dated 05.04.2013 made in M.P.No.1 of 2012 in W.P.Nos.22070, 22071, 22072, 22074, 22075 and 22076 of 2011.

These Petitions in M.P.No.1 to 1 of 2012 (6 MPs) in W.P.Nos.22070 to 22072, 22074 to 22076 of 2011 have been taken out seeking for a direction to the 2nd respondent / management to pay last drawn wages to the petitioner under section 173 of I.D. Act 1947.

These Writ Petitions Nos.22070 to 22072, 22074 to 22076 of 2011 filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records and quash the award dated 28.07.2011 passed in I.D. No. 164/2005, 184/2009, 165/2005, 183/2009, 166/2005 and 167/2005 by the 1st respondent herein the Presiding Officer, Principal Labour Court, Vellore.

For Appellant : Mr.C.Manohar Guptha For respondent 2 : Mr.S.T.Varadarajulu

JUDGMENT

S.Manikumar,J.

Being aggrieved by the orders made in M.P.Nos.1 of 2012 in W.P.Nos.22070,22071,22072,22074,22075 and 22076 of 2011, dated 05.04.2013, the present Writ Appeals have been filed.

2. Earlier, when the appeals came up for hearing, Mr.S.T.Varadarajulu, learned counsel for the respondents/workmen, in the appeals, submitted that the subject matter under challenge is covered by a decision of a Hon'ble Division Bench of this Court in W.A.Nos.586 and 587 of 2015, dated 16.04.2015. He has produced a copy of the abovesaid judgment.

3. Mr.C.Manohar Guptha, learned counsel, appearing for the appellants, also endorsed the submission of the learned counsel for the respondents, as regards the applicability of the abovesaid common judgment, made in W.A.No.586 and 587 of 2015, dated 16.04.2015, to the facts of the present appeals, but, the only additional information is, that, in the abovesaid common judgment, an earlier decision of

the Hon'ble Full Bench of this Court in Godrej and Boyce Manufacturing Co.Ltd., Madras v. Principal Labour Court, Madras, & Another, reported in 1992 (2) L.L.J. 201, has not been referred. Inasmuch as the learned counsel for the appellants before us has fairly admitted, that the facts of the present cases are squarely covered by the judgment of the Hon'ble Division Bench in W.A.No.586 and 587 of 2015, dated 16.04.2015, we are not inclined to delve further, into the matter. Consequently, all the appeals are dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar dixit To The Presiding Officer, Principal Labour Court, Vellore.

1 CC to M/s.S.T.Varadarajulu, Advocate SR.No. 59586 1 CC to M/s.Guptha & Ravi, Advocate SR.No. 50231 W.A.Nos.1276 TO 1281/2013 RSI (CO) PSI (05.11.2015)