S.Ramachandran v. The Management
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.04.2025 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.No.34474 of 2024 W.P.No.13708 of 2018 1.S.Ramachandran 2.M.Kanakaraj 3.R.Sreekanth 4.K.Ganesan 5.B.Suresh Kumar 6.R.Gnanasekaran 7.S.Venkatesh 8.R.Selvaraj 9.R.Stalin 10.C.Nataraj 11.A.Syed Ibrahim 12.P.Sundararajan 13.L.Raja 14.R.Senthilkumar 15.R.Prabhakaran 16.N.Rajkumar 17.S.Thirunavakarasu 18.T.Sivakumar 19.A.Chinnu 20.L.Ramesh 21.D.Gipson 22.R.Jayamurugan 23.M.Sampathkumar 24.B.Sridevi 25.M.Indrani Page No.1 of 8
26.P.Sivakumar 27.K.Manivannan 28.T.Ganesan 29.K.Pandi 30.M.Muthukumaran 31.R.Sarathamani 32.R.Janakiraman 33.G.Eswaran 34.S.Balamurugan 35.M.Gurusamy 36.P.Mari Ganesh 37.N.Manoj Kumar 38.N.Saravanakumar 39.K.Balasubramanian 40.E.Ramamoorthi 41.S.Manonmani 42.P.Tamilselvi 43.A.Velmurugan 44.P.Joseph Alexander 45.T.M.Senthilkumar 46.J.Madankumar 47.J.Moses 48.R.Christopher Anthoni 49.A.Jeyalakshmi 50.R.S.Rajendran 51.S.Shanmugam 52.S.Vellingiri 53.R.Gunapathi 54.V.Pasupathi 55.A.Damodaran 56.S.Nagarajan 57.P.Govindan 58.K.Ganeshan 59.N.Murugesan C/o. The President and General Secretary, Kovai Maavatta Pricol Employees' Trade Union, (Regn. No.1264/2007, Kovai), 122-A-1, Soundarya Illam, Backside to Pricol, Ranga Nagar, Periyanaickenpalayam, Coimbatore - 20.
... Petitioners Page No.2 of 8
Vs.
1.The Management, Pricol Limited, Plant-I, 132, Ooty Main Road, Periyanaickenpalayam, Coimbatore - 641 020.
2.The Presiding Officer, Labour Court, Coimbatore.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records from the files of the 2nd respondent in common Award passed by the 2nd respondent in I.D.Nos.190, 193, 197, 199, 200, 202 to 210 of 2017, dated 7th October, 2017 and quash the same insofar as the learned 2nd respondent has dismissed the industrial disputes as not maintainable and rejected the claim of the petitioners for reinstatement in service, with continuity of service, with back wages and with all other attendant and consequential benefits.
For Petitioners : Mr.V.Ajoy Khose For Respondents : Mr.J.Saravana Vel [R1] Labour Court [R2] W.P.No.31730 of 2024 1.K.Sakthivel 2.H.Dharman 3.S.Edison Kulandairaj 4.D.Devasahayam Samuel 5.T.Kathiresan 6.P.Rasal 7.P.Kumaresan Page No.3 of 8
8.D.Vijayachandran 9.J.Jemes Mahendiran 10.S.Pasamani 11.P.Aruchamy 12.T.Gokulakkannan 13.K.Gunasekaran 14.B.Shanmugam 15.D.Balasundaram N.Sureshkumar (Deceased) 16.V.Viji 17.S.Preethi 18.S.Sri Vignesh 19.Sagundhala 20.T.Soundarajan 21.K.Jothibasu 22.R.Sureshkumar 23.S.Varadharaj ... Petitioners Vs.
The Management, Pricol Limited, 132, Ooty Main Road, Periyanaicken Palayam, Coimbatore - 641 020.
... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records in the impugned common award dated 29.08.2024 in I.D.No.56 of 2016 to 65 of 2016, I.D.No.67 of 2016, I.D.No.70 & 71 of 2016 and I.D.No.168 of 2017 to 174 of 2017 (20 batch cases) award passed by the Principal Labour court, Coimbatore and quash the same.
For Petitioners : Mr.V.Ajoy Khose For Respondent : Mr.J.Saravana Vel Page No.4 of 8
COMMON ORDER Since the issue involved in both the writ petitions are one and the same, with the consent of the learned counsel appearing for the parties, both the writ petitions are heard together and disposed of by way of this common order.
2. The respective petitioners/workmen are employees of the 1st respondent and they were suspended from service on different dates and subsequently, they were dismissed from service. Aggrieved by the same, they have raised the respective industrial disputes u/s 2-A(2) of the Industrial Disputes Act, 1947 before the Labour Court and the Labour Court passed the respective impugned awards dated 17.10.2017 and 29.08.2024, dismissing the industrial dispute as not maintainable. Challenging the same, the present writ petitions have been filed.
3. When these matters are taken up for hearing today, learned counsel appearing for the petitioners/workmen and the learned counsel appearing for the respondent/management submitted that during the Page No.5 of 8
pendency of these writ petitions, all the workmen were settled by paying compensation except G.Eswaran, P.Tamilselvi, S.Vellingiri, A.Damodaran & P.Govindan/petitioners 33, 42, 52, 55 & 57 in W.P.No.13708 of 2018 and K.Gunasekaran and K.Jothibasu/petitioners 13 and 21 in W.P.No.31730 of 2024. Further, they have submitted that the management has agreed to pay a sum of Rs.10,50,000/- each to G.Eswaran and S.Vellingiri, Rs.11,00,000/- each to P.Tamilselvi and A.Damodaran and Rs.10,00,000/- each to K.Gunasekaran, K.Jothibasu and P.Govindan as compensation, in full quit, to the respective workmen, within a reasonable time that may be fixed by this Court.
4. In view of the above settlement arrived between the parties, this Court is inclined to dispose of these writ petitions in the following terms:- (i) the management is directed to pay a sum of Rs.10,50,000/- each (Rupees Ten Lakhs Fifty Thousand only) to G.Eswaran and S.Vellingiri/petitioners 33 and 52 petitioner in W.P.No.13708 of 2018, Rs.11,00,000/- each (Rupees Eleven Lakhs only) to P.Tamilselvi and A.Damodaran/petitioners 42 and 55 in W.P.No.13708 of 2018 and Rs.10,00,000/- each (Rupees Ten Lakhs Page No.6 of 8
only) to K.Gunasekaran/13th petitioner in W.P.No.31730 of 2024, K.Jothibasu/21st petitioner in W.P.No.31730 of 2024 and P.Govindan/57th petitioner in W.P.No.13708 of 2018, as compensation, in full quit, within a period of four (4) weeks from the date of receipt of a copy of this order.
5. With the above direction, these Writ Petitions are disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 23.04.2025 Index : Yes / No Speaking order / Non-speaking order sp To 1.The Presiding Officer, Labour Court, Coimbatore. 2.The Principal Labour Court, Coimbatore.
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M.DHANDAPANI, J.
sp 23.04.2025 Page No.8 of 8