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Madras High CourtREV.APLW/213/2025dismissed

The Management v. G.Malliga

2025-10-30Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2025

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Rev.Appln.No.213 of 2025 against W.P.No.14199 of 2025 and WMP.No.34250 of 2025 The Management, Weaverley Estate, Nangalur Post, Yercaud-635 601, Salem District rep. by its Proprietor V.J.Sabarish Aditya ... Petitioner Vs.

1.G.Malliga 2.C.Malliga 3.P.Palaniyammal 4.R.Pappu @ Malarkodi 5.M.Thangamani 6.P.Perumal ... Respondents

Prayer: Review Application filed under Order XLVII, Rule 1 r/w. Section 114 of the Civil Procedure Code, to review the order made in W.P.No.14199 of 2025 dated 22.04.2025.

For Petitioner :

Mr.G.Jeremiah

O R D E R

This Review Application has been filed to review the order passed by this Court in W.P.No.14199 of 2025 dated 22.04.2025.

2. Heard Mr.G.Jeremiah, learned counsel for the petitioner. Since no adverse orders are passed against the respondents herein, notice to them is dispensed with.

3. The learned counsel for the petitioner submitted that the petitioner has filed a Writ Petition before this Court in W.P.No.14199 of 2025, challenging the order passed by the learned Judge, Labour Court, Salem in C.P.No.59 of 2021 dated 13.04.2022, on the ground that though the petitioner's Manager appeared in person and contested the case, the learned Judge without providing an opportunity of hearing to him, had allowed the Computation Petition in favour of the workmen. He further contended that

though the learned counsel for the petitioner has not made any endorsement for withdrawal of the petition, this Court inadvertently had dismissed the Writ Petition as withdrawn and hence, the present Review Application has been filed by the petitioner.

4. In furtherance, the learned counsel for the petitioner submitted that this Court may decide the subject issue on merits and in accordance with law.

5. Continuing his arguments, the learned counsel for the petitioner submitted that during the relevant time, the respective employees are not employees of the Estate, however, the workmen had computed the House Rental and House Maintenance Allowances for the years from 2005 to 2021, 1993 to 2021, 2006 to 2021 & 1989 to 2021 respectively. He submitted that it is paramount to note that the workmen had joined the duty of the petitioner's Estate recently and not the employees of the Estate at the relevant point of time. He contended that without proper adjudication and application of mind, the Labour Court had allowed the Computation Petition and hence, he prayed to set aside the order passed by the Labour Court, Salem in CP.No.59 of 2021 and allow the Writ Petition.

6. On perusal of the records, it is seen that the respondents herein are the employees of the petitioner's Management. However, their employment is denied by the petitioner's Management at the relevant point of time of their claim for the said allowances. It is pertinent to note that the petitioner's Manager did not adduce any evidence as against the workmen before the Labour Court. While deciding the Computation Petition, the Labour Court had directed the petitioner's Management to pay the House Rent and House Maintenance allowance to the workmen and the same was received by the workmen and thus, the Labour Court had properly allowed the Computation Petition in favour of the employees/workmen. This Court does not find any illegality or infirmity in the order passed by the Labour Court and hence, the same warrants no interference.

It is also to be taken into account, the order of the Labour Court in C.P.No.59 of 2021 was passed on 13.04.2022, however, the petitioner's Management has approached this Court in the year 2025, after lapse of three years and there is no proper explanation for the said delay and in view of laches also, the Petition is liable to be dismissed.

7. For the foregoing reasons, the Review Application stands dismissed. Consequently, connected Miscellaneous Petition is closed. There shall be no orders as to costs.

30.10.2025 Index: Yes/No NCC : Yes/No Order : Speaking/Non Speaking DP To 1.The Labour Court, Salem.

M.DHANDAPANI.J, DP Rev.Appln.No.213 of 2025 against W.P.No.14199 of 2025 and WMP.No.34250 of 2025 30.10.2025