The Management v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE R.SAKTHIVEL and CMP.No.19200 of 2025 The Management, Attur Agricultural Procedures, Co-operative Sales Society Ltd., Pudupet, Attur, Salem-636 141 ... Appellant Vs.

1.The Presiding Officer, Labour Court, Salem 2.The Secretary, Attur Velanmai Urpathiyalargal Kooturavu Virpanai Sangathin Anna Godown Kalasi Loading and Unloading Param Thookum Pudupettai Pudupettai, Attur, Salem District.

... Respondents

PRAYER: Appeal is filed under Clause 15 of the Letters Patent, praying to set aside the order dated 03.04.2025 passed in W.P.No.23094 of 2015. For Appellant : Mr.Mr.R.Balaramesh

JUDGMENT

(Judgment of this Court was delivered by M.S.RAMESH.J) This Writ Appeal has been filed to set aside the order dated 03.04.2025 passed in W.P.No.23094 of 2015.

2. The only ground raised in this appeal is that the conferment of the permanent status to the members of the second respondent Trade Union is pending adjudication before the Hon'ble Supreme Court in SLP. (Civil).No.2543 of 2022 and therefore, the appellant is not bound to pay the bonus claimed by the workmen.

3. We are not in agreement with such a submission. The authority under Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981, has adjudicated and held that the members

of the second respondent Trade Union, who had completed 480 days of continuous service within a period of 24 months, are entitled to be conferred with permanent status.

4. This order was also put under challenge before a learned Single Judge of this Court in W.P.No.23094 of 2025 dated 03.04.2025. Before the learned Single Judge also, a similar objection was raised with regard to the pendency of the SLP filed against the order granting permanent status to the workmen.

5. The learned Single Judge had rightly rejected such an objection and had directed the appellant to pay bonus at the rate of 8.33 %. We are also of the view that since the permanent status of the members of the second respondent Trade Union has been declared, and no order of interim stay has been granted by the Hon'ble Supreme Court, the appellant is bound to pay bonus at the rate of 8.33 % under the provisions of Payment of Bonus Act, 1965.

M.S.RAMESH, J.

and R.SAKTHIVEL , J.

Anu 6.As such, we do not find any merits in the ground raised by the appellant herein. Accordingly, this Writ Appeal stands dismissed. No Costs. Consequently, connected miscellaneous petition is closed. [M.S.R., J] [R.S.V.,J] 22.09.2025 Index: Yes/No Speaking/Non-speaking order Anu To The Presiding Officer, Labour Court, Salem and CMP.No.19200 of 2025