The Managing Director v. Thomas J.Christian
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos.25064, 28854 and 33030 of 2019 In W.P.No.25532 of 2019:- The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan House, Anna Salai, Chennai - 600 002.
.. Petitioner
Versus
Thomas J Christian .. Respondent In W.P.No.
29075 of 2019:- The Management, Metropolitan Transport Corporation, Rep. by its Managing Director, Pallavan Salai, Chennai - 600 002.
.. Petitioner
Versus
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M.Kumar .. Respondent Prayer in W.P.No.25532 of 2019 : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorari calling for the records of the 1 st Additional Labour Court, Chennai in C.P.No.42 of 2019, dated 31.01.2019 and quash the same.
Prayer in W.P.No.29075 of 2019 : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Prohibition, prohibiting the III Additional Labour Court, Chennai from hearing the Computation Petition in C.P.No.28 of 2018 for computing the wages payable to the respondent for the period from November, 2007 to December, 2017. For Petitioner : Mr.Vinod Raj (in both the cases) For Respondent : Mr.S.T.Varadarajulu, (in both the cases) COMMON
ORDER
These Writ Petitions are connected to each other and as such, are taken up together and disposed of by this common order. 2/7
2. Heard Mr.Vinod Raj, learned Counsel for the petitioner and Mr.S.T.Varadarajulu, learned Counsel for the respondent.
3. The prayer in these Writ Petitions is to call for the records in C.P.No.42 of 2019 on the file of the I Additional Labour Court, Chennai and C.P.No.28 of 2018 on the file of the III Additional Labour Court, Chennai. It is seen that the Writ Petitions are filed by the management raising the ground on maintainability of the Computation Petitions.
4. It is contended that the workmen will not be entitled for any benefit to be paid as they are dismissed from the services. Thus, it can be seen that the contentions that are raised in the Writ Petitions relate to the maintainability as well as the merits. Though the Writ Petitions are in the nature of calling for records, essentially, they are in the nature of Writ of Prohibition inasmuch as the petitioner does not want the Labour Courts to proceed further with the enquiry in the above Computation Petitions. 3/7
5. A Writ of Prohibition can be issued only if the matter relates to jurisdiction and will be exercised sparingly. The grounds, including on merits as well as on maintainability, can be raised before the concerned Labour Court itself by way of filing a counter in the Computation Petitions and it is for the Labour Court to consider all the issues and decide the matters.
6. With the said liberty kept open to the petitioner management, these Writ Petitions stand disposed of. The Labour Court shall proceed further with the Computation Petitions and dispose of the same as expeditiously as possible. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
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: no grs To
1. The I Additional Labour Court, Chennai.
2. The III Additional Labour Court, Chennai.
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D.BHARATHA CHAKRAVARTHY, J.
grs and W.M.P.Nos.25064, 28854 and 33030 of 2019 6/7
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