M/S Kandasamy Spinning Mills Private Ltd v. Muthusamy (Died) 1) Rathinam,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2025 CORAM :

THE HON'BLE MR. JUSTICE R.SUBRAMANIAN AND THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI M/s Kandasamy Spinning Mills Private Ltd., rep. by its Managing Director Suriyampalayam Bhavani Main Road Vasavi College Post Erode Taluk, Erode District ..

Appellant v.

Muthusamy (died)

1. Rathinam

2. Maniprakash

3. Rupan Dulasimani (died)

4. Gowri Sankar Mani (died)

5. Jothi

6. Saravanan

7. Cithra Kulanthaisamy (died)

8. Karunakaran

9. Kasilingam

10. Dhanalakshmi

Muthusamy (died)

11. Ammaniyammal

12. Cithra

13. Karuppusamy Ponnusamy (died)

14. Parisammal

15. Thambiraj

16. Ruthprakasi

17. Saroja

18. Manju

19. Madankumar Rangasamy (died)

20. Meenachi

21. Radha Ramasamy (died)

22. Baby

23. Yuvaraj Dhanapal (died)

24. Selvi

25. Senthil

26. Pukalenthi Palanisamy (died)

27. Dhanalakshmi

28. Devagi

29. Suguna

30. Vengatesh Subramani (died)

31. Palaniyammal

32. Vasanthi

33. Kanchana

34. Prabhu

35. Imaya

36. Valliyammal Rajamanickam (died)

37. Gandhimathi

38. Ramesh Subramaniyam (died)

39. Arukkani

40. Saravanakumar

41. Mahalakshmi

42. Nirmala

43. Minor Subiksha rep by mother Nirmala

44. Minor Gurupranith rep by mother Nirmala Mani (died)

45. Saraswathi

46. Padmapriya

47. Sivalingam Thiyagarajan (died)

48. Leelavathi

49. Saravanan

50. Divya Kuppusamy (died)

51. Jagadeswari

52. Latha

53. Santhi Subramani (died)

54. Saraswathi

55. Palanisamy

56. Karuppasamy Suppu (died)

57. Rajamani

58. Bakiyaraj

59. Anandhajothi Babu @ Malaiyan (died)

60. Sirangayi

61. Latha

62. Dhavamani Gurusamy (died)

63. Lakshmi

64. Matheswaran

65. Karthick Rajendran (died)

66. Chinnathayi

67. Sivaraman

68. Sampuranam Muthusamy (died)

69. Dhanasekaran

70. Velmurugan Archunan (died)

71. Suguna

72. Nagaraj

73. Durga Gopal (died)

74. Subbulakshmi

75. Priya

76. Nandhini Rajendran (died)

77. Karpagam

78. Kanagavalli

79. Kalaivani

80. Ishwarya Dulasimani (died)

81. Pungodi

82. Tamilmani

83. Valiyammal Kathirvel (died)

84. Selvi

85. Mythili

86. Gomathi

87. Lakshmi Munnusamy (died)

88. Vijaya

89. Sivakumar

90. Sasikumar Loganathan (died)

91. Manimegalai

92. Manikandan

93. Santhosh

94. Anitha Ramasamy (died)

95. Kanagavalli

96. Radha Arumugam (died)

97. Paripuranam

98. Kalaivani

99. Mano Murugesan (died)

100. Kandasamy Kesavan (died)

101. Rajalakshmi

102. Monika

103. Narendran Jayaraman (died)

104. Yasotha

105. Abinaya

106. Surya Dhatchanaamoorthy (died)

107. Tamilselvi

108. Sandhiya Ganesan (died)

109. Manimegalai

110. Krishnakumar

111. Vengatesan Subramani (died)

112. Dhanapakiyam

113. Kalaivanan

114. Masiladevi Santhalingam (died)

115. Poongodi

116. Lakshna

117. Intharesh Ayyasami @ Ayyavu (died)

118. Madheswari

119. Jagadeeswaran

120. Prabakaran Sellavel (died)

121. Malliga

122. Soundaryavalli

123. Vasugi

124. Lakshmi Selvaraj (died)

125. Rajamani

126. Kanagaraj Shanmugam (died)

127. Padmavathi

128. Anbarasi

129. Gunasangeetha

130. Valarmathi Raju (died)

131. Kuppusamy

132. Shanmugam

133. Duraisamy Mani @ Sellappan (died)

134. Kanchana

135. Manikam

136. Sathishkumar

137. Sangeetha

138. Karuppayi Lognathan (died)

139. Tamilarasi

140. Vijay

141. Jeeva Chandran (died)

142. Ambiga

143. Rajendran

Ramasamy (died)

144. Kuruvayi

145. Muruganantham

146. Saranya Raju (died)

147. Sumathi

148. Sowmiya

149. Sandhiya

150. Pongiyammal Periyasamy (died)

151. Rajathi

152. Sumathi

153. Lalitha Mayilsamy (died)

154. Rajamma

155. Kasthuri

156. Prakash Jothimuthu (died)

157. Malarkodi

158. Tamilarasan

159. Tamilarasi Govindasamy (died)

160. Pushpalatha

161. Deepanraj Matheswaran (died)

162. Puvaneswari

163. Sathishkumar

164. Nirmal Kumar Ramasamy (died)

165. Palaniyammal

166. Tamilselvi

167. Gunasekaran Ganesan (died)

168. Vijaya

169. Hemalatha

170. Sarulatha

171. Dhanaprakash Angukannan (died)

172. Anandkumar

173. Nithya ..

Respondents Memorandum of Grounds of Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 24.04.2025 passed in W.P.No.14359 of 2025.

For Appellant ::

Mr.N.Manokaran For Respondents ::

Mr.K.Srinivasamurthy for M/s Row & Reddy

JUDGMENT

(Judgment of the Court was made by R.SUBRAMANIAN,J.) Challenge is to the order of the learned single Judge dismissing the writ petition filed by the Management, against the order of the Labour Court allowing the applications filed purportedly under Order XXII, Rule 3 of the Code of Civil Procedure seeking to implead the legal heirs of the deceased workmen in the Industrial Disputes.

2. A set of applications were filed under Order XXII, Rule 3 in about 53 industrial disputes claiming that the workmen in those cases had died leaving behind the petitioners therein as LRs. The Labour Court, after referring to Section 10(8) of the Industrial Disputes Act, allowed the applications. Aggrieved, the Management had come up with the writ petition. The learned single Judge dismissed the writ petition on the conclusion that the order directing the impleadment of LRs will not affect the rights of parties and therefore, left it open to the Management to raise all the contentions in the I.Ds. It is this order that is the subject matter of challenge in this appeal.

3. Mr.N.Manokaran, learned counsel for the appellant would vehemently contend that a massive fraud has been played on the Court and dead persons have been shown as petitioners in proceedings before this Court, dead persons have been represented in a writ appeal filed by the Management and dead persons have been represented before the Hon'ble Supreme Court in the connected S.L.Ps.

4. We do not think these questions can be canvassed in the present proceedings. The present proceedings are against petitions filed to bring on record the L.Rs of the deceased workmen. In view of Section 10(8) of the Industrial Disputes Act, which reads as follows, "(8) No proceedings pending before a Labour Court, Tribunal or National Tribunal in relation to an industrial dispute shall lapse merely by reason of the death of any of the parties to the dispute being a workman, and such Labour Court, Tribunal or National Tribunal shall complete such proceedings and submit its award to the appropriate Government.", it is not even necessary that the L.Rs of the deceased workmen should be impleaded in an industrial dispute.

The statute imposes an obligation on the Court to decide the industrial dispute de hors the death of the parties before it. The allegations raised by the learned counsel even if true, cannot be a ground to interfere with the order passed by the Labour Court in this proceedings. Hence, we see no merits in the appeal. The writ appeal fails and it is, accordingly, dismissed.

appellant Management to raise a claim regarding filing of proceedings by dead persons in this Court, before the appropriate forum. Consequently, C.M.P.No.17289 of 2025 is dismissed. No costs. Index : yes/no (R.S.M.,J.) (K.G.T.,J.) 21.07.2025 ss

R.SUBRAMANIAN,J.

AND K.GOVINDARAJAN THILAKAVADI,J.

ss 21.07.2025