The Management v. K.Sundararajan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2025 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.Nos.10703, 10709, 10711, 10714, 10715 & 10719 of 2025 and W.M.P.Nos.12059, 12061, 12065, 12066, 12067 & 12069 of 2025 The Management, Sabanayagam Printers, No.39, Millers Road, Kilpauk, Chennai - 600 010.
Present Address:
Sabanayagam Printers, No.3,4,5 Kamaraj Nagar, Puthagaram, (Near Lakhmipuram EB Office), Kolathur, Chennai - 600 099.
... Petitioner in all WPs Vs.
K.Sundarajan ... Respondent in W.P.No.10703 of 2025 C.Cholan ... Respondent in W.P.No.10709 of 2025 B.Srinivasan ... Respondent in W.P.No.10711 of 2025 D.Manivannan ... Respondent in W.P.No.10714 of 2025 L.David (died)
1. D.Elizabeth Rabaickal
2. D.Dineshraj 3.D.Nathan Peter Paulraj ... Respondents in W.P.No.10715 of 2025 K.Ramesh Kumar ... Respondent in W.P.No.10719 of 2025 Page No.1 of 6
COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of a writ of Certiorari, to call for the records pertaining to the orders dated 30.01.2024 made in O.P.Nos.157, 158, 159, 160, 161 & 162 of 2021 on the file of III Additional Labour Court, Chennai and quash the same. For Petitioner in all WPs : Mr.R.Amardeep For Respondents in all WPs : Mr.S.T.Varadharajulu ***** COMMON ORDER These Writ Petitions have been filed by the petitioner Management challenging the awards dated 30.01.2024 passed in O.P.Nos.157, 158, 159, 160, 161 & 162 of 2021 by the III Additional Labour Court, Chennai.
2. The case of the petitioner-Management is that there was an intense lock down announced by the Government of India during the year 2020-2021 and repeated Government Orders were passed restricting the functioning of the Companies during COVID-19 pandemic lock down. After the lock down rules were relaxed, the employees were allowed to work, however, the respondents/workmen along with some other employees have voluntarily abstained from work, demanding full salary which could not be acceded by the petitioner-Management. In the meanwhile, the petitioner-Management has sent Page No.2 of 6
a letter asking the respondents/workmen to report back to work, failing which, it would be considered as unauthorized absence. However, the respondents/workmen did not respond or report to work. Thereby the respondents/workmen were terminated from service. Challenging the said termination, the respondents filed O.P.Nos.157, 158, 159, 160, 161 & 162 of 2021 before the III Additional Labour Court, Chennai, and the Labour Court set aside the order of termination and ordered Rs.2,00,000/- to each of them in lieu of reinstatement with continuity of service and backwages with other benefits. Challenging the same, these writ petitions have been filed.
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.1,80,000/- each as compensation, in full quit, to the respective respondents/workmen, within a reasonable time that may be fixed by this Court.
4. The learned counsel appearing for the respondents/workmen submitted that, they are ready to receive a sum of Rs.1,80,000/- each as offered by the petitioner/management.
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5. In view of the submission made by the learned counsel appearing for the petitioner and the respective respondents/workmen, this Court issues the following direction:- (i) the petitioner/Management is directed to pay a sum of Rs.1,80,000/- (Rupees One Lakh and Eighty Thousand only), as compensation, in full quit, to each of the respondents/workmen, within a period of eight (8) weeks from the date of receipt of a copy of this order.
6. With the above direction, these Writ Petitions are allowed and the impugned awards dated 30.01.2024 passed in O.P.Nos.157, 158, 159, 160, 161 & 162 of 2021 by the III Additional Labour Court, Chennai, are set aside. No costs. Consequently, the connected writ miscellaneous petitions are closed. 28.03.2025 Index : Yes / No Speaking order / Non-speaking order ssb Page No.4 of 6
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M.DHANDAPANI, J.
ssb To The Presiding Officer, III Additional Labour Court, Chennai.
W.P.Nos.10703, 10709, 10711, 10714, 10715 & 10719 of 2025 and W.M.P.Nos.12059, 12061, 12065, 12066, 12067 & 12069 of 2025 28.03.2025 Page No.6 of 6