C.Rathinam v. Sail Refractory Company Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2024

CORAM:

THE HON'BLE MR. JUSTICE BATTU DEVANAND and W.M.P.Nos.21588 & 19261 of 2018 1.C.Rathinam 2.S.Chinnathambi 3.M.Ayyammal

...Petitioners

Vs.

1.SAIL Refractory Company Ltd., Rep. by its Chief Operating Officer, Post Box No.565, BSCL Road, Salem - 636 005.

2.The General Manager (Personnel and Administration) SAIL Refractory Company Ltd., Post Box No.565, BSCL Road, Salem - 636 005.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing to the respondents to continue the petitioner workmen upto the age of 60 years as per Certifying Officer dated 06.03.2015 and confirmed on 20.11.2015 under the Industrial Employment (Standing Orders) Act, 1946 as the 1st respondent has agreed to absorb them by an agreement dated 25.04.2013 in overall settlement of the Award dated 16.02.2006 passed in I.D.No.592 of 2001. 1/4

For Petitioners : Mr.V.Govardhanan for M/s.Row and Reddy For Respondents : Mr.D.Raghunathan for R1 & R2 for M/s.T.S.Gopalan & Co.

O R D E R

Learned counsel for the petitioners submit that in light of the interim orders passed by this Court, the petitioners continued in service till attaining the age of 60 years in the respondent company and thereafter, they retired from service. During the course of their employment, they served in light of the interim orders, they were paid salary as per the earlier arrangement and after retirement, they were paid gratuity amount. Now the petitioners are ventilating their grievance with regard to other benefits for which they are legally entitled. 2.Learned Standing Counsel for the respondents also endorsed the same. Further submits that the petitioners can avail their legal remedies if it is available or any other relief is sought.

3.Considering the submissions of the both counsels, in my considered view, it appears that no further adjudication is required in the present writ petition. 2/4

4.In view of the above facts and circumstances of the case, this writ petition is closed as it is infructuous. However, it is made clear that the petitioners are at liberty to ventilate their grievance if any as per the available legal remedies in the appropriate forum. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.

02.02.2024 Index: Yes/No Speaking Order/Non-Speaking Order pam 3/4

BATTU DEVANAND, J.

pam 02.02.2024 4/4