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Madras High CourtWP/34607/2019allowed

The Management Of Operational Energy Group India Pvt. Ltd., v. K.Senthil Kumar

2025-04-17Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-04-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI WP Nos. 34607, 34609 and 34611 of 2019 AND WMP NO. 35363, 35360 and 35359 of 2019 W.P.No.34607 of 2019:

1. The Management of Operational Energy Group India Pvt. Ltd., Rep. by its Managing Director, No. A, 5th Floor, GokulArcade, East Wing, Sardar Patel Road, Adyar, Chennai - 600020 Chennai Petitioner(s) Vs

1. K.Senthil Kumar S/o. Krishnan, Peyanuur Village, Venkatasamuthiram Post, Krishnagiri District - 635204Krishnagiri Respondent(s) WP No. 34609 of 2019:

1. The Management of Operational Energy Group India Pvt. Ltd., Rep. by its Managing Director, No. A, 5th Floor, GokulArcade, East Wing, Sardar Patel Road, Adyar, Chennai - 600020 Chennai .... Petitioner

Vs

1. N.Silambarasan, S/o. Namadevan, Senraya Nagar, Berandapalli, Pochampalli Taluk, Krishnagiri District - 635204 Krishnagiri Respondent(s) WP No. 34611 of 2019:

1. The Management of Operational Energy Group India Pvt. Ltd., Rep. by its Managing Director, No. A, 5th Floor, GokulArcade, East Wing, Sardar Patel Road, Adyar, Chennai - 600020 Chennai Petitioner(s) Vs

1. Rajendran, S/o. Govindasamy, Chinnahalla Village, Kalarapathi Post, Pochampalli Taluk, Krishnagiri District 635204 Krishnagiri Respondent(s) Prayer in WP No. 34607 of 2019: Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari, Calling for the records of Honorable Presiding Officer Labour Court, Salem pertaining to its proceedings in C.P.No. 52 of 2016 and quash the order dated 29.07.2019. Prayer in WP No. 34609 of 2019: Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari, Calling for the records of Honorable Presiding Officer Labour Court, Salem pertaining to its proceedings in C.P.No. 53 of 2016 and quash the order dated 29.07.2019 Prayer in WP No. 34611 of 2019: Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari, Calling for the

records of Honorable Presiding Officer Labour Court, Salem pertaining to its proceedings in C.P.No. 51 of 2016 and quash the order dated 29.07.2019. For Petitioner(s):

R.SIVAKUMAR (IN ALL THE WPS) For Respondent(s):

M/S.K.V.SHANMUGANATHA N, FOR R1 (IN ALL THE WPS) COMMON ORDER These petitions have been filed seeking to quash the award passed by the Proceeding Officer Labour Court, Salem pertaining to its proceedings in C.P.No.51 to 53 of 2016 dated 29.07.2019.

2. The learned counsel for the petitioner as well as the respondent in the all the writ petitions submitted that during pendency of these writ petitions, the dispute was settled between them and the petitioner Management has agreed to pay compensation to the workmen in terms of Section 25(f) of the ID Act and not in terms of Section 25(fff) of the Act. Hence, there is no adjudication is necessary in all these cases.

3. In view of the consent view expressed by the learned counsel on either side, this Court sets aside the order passed by the Labour Court in C.P.Nos.51 to 53 of 2016 dated 29.07.2019 and directs the petitioner Management to pay compensation to the workmen in terms of Section 25(f) of the Act within a period of two weeks from the date of receipt of a copy of this order.

M.DHANDAPANI J.

rli

4. With the above directions, the writ petitions are allowed. No costs. Consequently, connected miscellaneous petitions are closed. 17-04-2025 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes To The Presiding Officer, Labour Court, Salem 34609 OF 2019 and WP NO. 34611 OF 2019 17.04.2025