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Madras High CourtWP/16175/2021closed

S.Rajesh v. The Managing Director

2021-09-02Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 02.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.16175 of 2021 and W.M.P.No.17112 of 2021 Mr.S.Rajesh

...Petitioner

Vs The Managing Director, Titan Company, Jewellery Division, Hosur.

...Respondent

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records of the preliminary order passed by the Presiding Officer, Labour Court, Hosur in I.D.No.179/2019 dated 24/11/2020 and quash the same and direct the respondent to reinstate the petitioner in service with full back wages and all other attendant benefits.

For Petitioner : Mr.A.Periyamuthu For Respondent : No Appearance

ORDER

The only ground on which the petitioner herein seeks for interference in the pending dispute in I.D.No.179 of 2019 is that he claims that the domestic enquiry was not properly conducted and is in violation of the principles of natural justice.

2. It is seen that the Industrial Dispute is pending enquiry under Section 11-A of the Industrial Disputes Act, 1947 and was posted for hearing way back on 02.12.2020.

3. The learned counsel for the petitioner submitted that the award is yet to be passed in the aforesaid dispute. https://hcservices.ecourts.gov.in/hcservices/

4. This Court is of the view that the grounds raised by the petitioner can always be agitated before the Labour Court itself and thus, this Court may not be justified in interfering with the dispute on the ground of violation of principles of natural justice, at this stage. Hence, the prayer in the Writ Petition can be termed as pre-mature and has been filed on the ground of surmises.

5. Accordingly, the present Writ Petition stands closed with liberty to the petitioner to raise all the grounds during the course of enquiry in the Industrial Dispute in I.D.No.179 of 2019 pending before the Labour Court. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar hvk/drm To 1.

The Presiding Officer, Labour Court, Hosur.

2.

The Managing Director, Titan Company, Jewellery Division, Hosur.

+1cc to Mr.A.Periyamuthu, Advocate, S.R.No.44100 W.P.No.16175 of 2021 and W.M.P.No.17112 of 2021 SSV(CO) CS/24/09/2021 https://hcservices.ecourts.gov.in/hcservices/