The Managing Director, v. Mr. M. Manoharan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.32525 of 2018, 19601 and 19602 of 2021 and 7048 and The Managing Director, Needles Industries (India) Private Limited, Nilgiris-643 243, Rep.by its Director-HR ... Petitioner Vs.

M.Manoharan ... Respondent PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, to call for the records connected with I.D.No.152 of 2011 and quash the award dated 10.07.2018 passed by the Presiding Officer, Additional Labour Court, Coimbatore. For Petitioner :

Mr.Sanjay Mohan For Respondent : Mr.V.Ajoy Khose

O R D E R

This Writ Petition has been filed challenging the award dated 10.07.2018 passed in I.D.No.152 of 2011 by the Presiding Officer, Additional Labour Court, Coimbatore.

2. The learned counsel appearing for the petitioner submits that the respondent was working as Probationer unskilled grade employee in the petitioner Company and due to misconducts committed by the respondent, he was dismissed from service. Challenging the same, the respondent raised Industrial Dispute before the Presiding Officer, Additional Labour Court, Coimbatore, in I.D.No.152 of 2011 and the Labour Court ordered for reinstatement with 25% backwages and continuity of service and other attendant benefits vide impugned award dated 10.07.2018. However, the learned counsel, on instructions, submits that if the respondent/workman agrees to forego the backwages, the petitioner Management is ready to reinstate him with continuity of service.

3. The learned counsel appearing for the respondent, on instructions, submits that the respondent is ready to forego the entire backwages, if he is provided with reinstatement and continuity of service.

4. Considering the submissions made by both sides, the petitioner is directed to reinstate the respondent and the respondent/workman shall report to duty on 07.04.2025. It is made clear that the respondent/workman will be entitled for continuity of service from the date of dismissal till the date of reinstatement, but would not be entitled to backwages during the said period.

5. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Connected miscellaneous petitions are closed. 26.03.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb Note: Issue order copy on 28.03.2025

To The Presiding Officer, Additional Labour Court, Coimbatore.

M.DHANDAPANI, J.

ssb 26.03.2025