The Management Of Nifco South India v. L.Senthil Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA The Management of NIFCO South India Manufacturing Pvt. Ltd., New No.50, Old No.109, Mannur Village, Valarpuram Post, Sriperumbudur Taluk, Kancheepuram District 602 105.

Rep. by its General Manager-Admin, Authorised Signatory ... Petitioner Vs.

L.Senthil Kumar ... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking a Writ of Certiorari, calling for the records of the Labour Court, Kancheepuram in I.D.No.764 of 2018, dated 04.03.2020 and quash the same.

For Petitioner : Mr.G.Ananda Krishnan for M/s.T.S.Gopalan & Co.

For Respondent : Mr.S.Kumaraswamy

ORDER

The main grievance of the Writ Petitioner is that the Labour Court, Kancheepuram while coming to the conclusion that the respondent is a workman under Section 2 (s) of the Industrial Disputes Act, had not taken into consideration the documents Ex.M1 to Ex.M28 which would clearly go to show that the respondent was in the Supervisory Cadre.

2. A perusal of the orders, dated 04.03.2020 passed by the Presiding Officer, Labour Court, Kancheepuram in I.D.No.764/2018 shows that the Labour Court had not taken into account the documents submitted by the Writ Petitioner/Management and had come to the conclusion that the respondent/Workman is within the meaning of Section 2 (s) of the Industrial Disputes Act.

3. In the circumstances, the case is remanded back to the Labour Court, Kancheepuram to pass orders in I.D.No.764/2018 on

merits after considering the documents produced by the petitioner/Management in Ex.M1 to Ex.M28, as expeditiously as possible.

With the above observation, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 09.11.2023 Index: Yes/No Speaking/Non-Speaking order vum

R. HEMALATHA, J.

vum 09.11.2023