Srm University v. The Presiding Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.09.2024
CORAM
THE HONOURABLE MS. JUSTICE R.N. MANJULA W.P.Nos.4678 and 4679 of 2014 & W.M.P.No.24156 of 2024 SRM University, represented by its Registrar, Kattan Kulathur, Kancheepuram District.
... Petitioner in both WPs Vs.
1. The Presiding Officer, I Addl. Labour Court, Chennai 600 014
2. Tmt. S. Anjalai ... Respondents in both WPs.
Prayer in W.P.No.4679 of 2014: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari to call for the records relating to the order dated 26.10.2012 passed in C.P.No.1869 of 2011 on the file of the I Addl. Labour Court, the 1st respondent herein and quash the same. Prayer in W.P.No.4678 of 2014: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari to call for the records relating to the award dated 18.06.2008 passed in ID.No.620 of 2006 on the file of the I Addl. Labour Court, the 1st respondent herein and quash the same.
For Petitioner : Mr.J. James For Respondents : R1- Court R2- Mr.P.Solomon COMMON
ORDER
On 09.09.2024, when the writ petitions are taken up for hearing, this Court has passed the following order;
'The Writ Petition in W.P.No.4678 of 2014 has been filed challenging the award of the Learned Presiding Officer, I Additional Labour Court, Chennai, dated 18.06.2008 passed in I.D.No.620 of 2006. The another writ petition in W.P.No.4679 of 2014 has been filed challenging the award of the Learned Presiding Officer, I Additional Labour Court, Chennai, dated 26.10.2012 passed in C.P.No.1869 of 2011.
2. Both the awards in the Industrial Disputes have been passed exparte.
3. The petitioner is the management, which claims that they came to know about the award only during the execution proceedings as they have not been put on notice; however, it is submitted by the learned counsel for the respondent that the petitioner had received some of the letter sent by the respondent stating that an award was passed in the Labour Court. Without
due diligence, the petitioner had omitted to appear before the Labour Court and contest the matter.
4. The learned counsel for the petitioner submitted that the 2nd respondent is only a Sweeper and the award amount would be very meagre.
5. In the computation petition filed by the respondent, the award payable had been computed at Rs.1,28,599/-, out of which, 50% of the amount is said to have been deposited in pursuant to the order of this Court.
6. As the learned counsel for the respondents submitted that there are chances to settle the matter, if the petitioner come forward to deposit the balance award passed in the computation petition, the same can be deposited by the petitioner.
7. Accordingly, the petitioner shall deposit the balance 50% of the award passed in the computation petition, within a period of two weeks i.e. On or before 24.09.2024.
8. Post the matters on 24.09.2024.'
2. In compliance of the above order, the petitioner is stated to have deposited remaining 50% of balance amount and the 2nd respondent has also accepted that the payment has been made as per the order of this court.
3. As the matter has been settled by way of making such deposit, nothing remains to be heard further in these writ petitions and these Writ Petitions are disposed of as settled out of Court. No costs. Consequently, the connected miscellaneous petition is closed.
4. The 2nd respondent is at liberty to file appropriate application before the Labour court to withdraw the amount so far deposited by the petitioner in pursuance of the order of this Court.
25.09.2024 Index: yes/no Internet:yes/no msr To The Presiding Officer, I Addl. Labour Court, Chennai 600 014
R.N. MANJULA, J.
msr W.P.Nos.4678 and 4679 of 2014 & W.M.P.No.24156 of 2024 25.09.2024