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Madras High CourtWP/14328/2026disposed of with direction

The Director v. The General Secretary

2026-04-20Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-04-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI

1. The Director Indian Maritime University, Chennai Campus, East Coast Road, Uthandi, Sholinganallur, Chennai-600 119.

2. The Vice Chancellor Indian Maritime University, Chennai Campus, East Coast Road, Uthandi, Sholinganallur, Chennai-600 119.

3. The Registrar Indian Maritime University, Chennai Campus, East Coast Road, Uthandi, Sholinganallur, Chennai-600 119.

..Petitioners Vs The General Secretary National Maritime Academy Employees Union, Indian Maritime University, Chennai Campus, East Coast Road, Uthandi, Sholinganallur, Chennai-600 119 ..Respondent Writ Petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Certiorarified Mandamus calling for the records from the C.G.I.T-Cum-Labour Court, Chennai in respect of order dated 23.03.2026 in IA dated 12.01.2026 in I.D. No. 34 of 2020 and quash the same as illegal, arbitrary

and to consequently direct the C.G.I.T-Cum-Labour Court, Chennai to take the Counter Statement filed by the Petitioners University on record and dispose of the Industrial Dispute after affording due opportunity to the Petitioner herein to contest the case on merits.

For Petitioner:

Mr.K. Srinivasa Murthy For Respondent:

Mr.K.M.Vijayan Senior Counsel for Mr.V.Subramanian

ORDER

This Writ Petition has been filed challenging the order passed by the Central Government Industrial Tribunal-cum-Labour Court, Chennai dated 23.03.2026, in dismissing the application filed by the petitioner to condone the delay of 1152 days in filing the petition to set aside set exparte order datged 02.11.2022 in I.D.No.34 of 2020.

2. The case of the petitioners is that the Respondent Union filed I.D.No.34 of 2020 before the Central Government Industrial Tribunal-cumLabour Court, Chennai seeking regularization of four workmen. The very same workmen filed I.D.Nos.53 to 56 of 2025, before the Central Government Industrial Tribunal-cum-Labour Court, Chennai challenging their termination order dated 06.10.2020 and for reinstatement, in which the petitioners entered appearance and filed counter affidavit. While perusing the cause list subsequently, the Petitioner University noticed that I.D.No.34 of 2020 had

been listed separately and upon verification it came to light that in the said Industrial Dispute the petitioner herein was set ex parte on 02.11.2022. Subsequently, the Petitioner University filed Counter affidavit along with applications to condone delay of 1152 days in setting aside the exparte order. The learned CGIT without properly appreciating the facts and circumstances of the case, mechanically dismissed the said application, challenging which, the present Writ Petition has been filed.

3. The learned counsel appearing for the petitioners would submit that due to various circumstances, the present dispute came to be inadvertently confused/mistaken with the connected Industrial Disputes, which resulted in the exparte proceedings. Further, he would submit that the petitioners are ready and willing to pay a sum of Rs.5,000/- to each workmen, in the event, this Court set aside the impugned order and remand the matter back to the Labour Court. Hence, he prays for appropriate orders.

4. The learned counsel appearing for the respondents has no serious objection for the aforesaid request made by the petitioner.

5. Admittedly I.D.No.34 of 2020 had been filed by the respondent Union for regularization of the services of the four workmen before the Central Government Industrial Tribunal-cum-Labour Court, Chennai and the same

workmen filed I.D.Nos.I.D.Nos.53 to 56 of 2025, before the very same Court challenging their termination order dated 06.10.2020 and for reinstatement, It is represented by the learned counsel for the petitioners that the petitioners are ready and willing to pay a sum of Rs.5,000/- to each workmen.

6. Considering the aforesaid position, this Court is of the view that no prejudice would be caused to the petitioner in setting aside the exparte order passed by the Labour Court. Therefore, in the interest of justice and also in order to provide an opportunity to the petitioners to contest their case, this Writ Petition is allowed. The order impugned herein is set aside on condition that the petitioners shall pay a sum of Rs.5,000/- to each workmen, within a period of four weeks from the date of receipt of a copy of the same and upon receipt of the same, the Labour Court is directed to hear and dispose of I.D.No.34 of 2020 as well as I.D.Nos. 53 to 56 of 2025 and pass orders on merits and in accordance with law, after providing opportunity to the petitioners as well as the respondent Union, as expeditiously as possible. No costs. Consequently, connected Miscellaneous Petition is closed.

20-04-2026 Index: Yes/No Speaking/Non-speaking order arr

To The General Secretary National Maritime Academy Employees Union, Indian Maritime University, Chennai Campus, East Coast Road, Uthandi, Sholinganallur, Chennai-600 119

M.DHANDAPANI, J.

arr 20-04-2026