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Madras High CourtWP(MD)/15603/2012disposed of

The Management v. The Presiding Officer,

2021-10-29Honourable Mr Justice S.S. Sundar11 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2021 CORAM :

THE HONOURABLE MR. JUSTICE S.S.SUNDAR WP(MD)No.15603 of 2012 The Management, Sri Parameswari Spinning Mill (P) Ltd., Great Cotton Road, Panthalkudi - 626 113, Virudhunagar District.

... Petitioner Vs.

1.The Presiding Officer, Labour Court, Madurai.

2.S.Selvaraj 3.A.Selvaraj 4.G.Samulraja 5.D.Chellasamy 6.K.Perumal 7.D.Nagarajan 8.V.Murugan 9.R.Azhagarrajan (deceased) 10.S.John Sundarajan 11.D.Kulasekaraperumal 12.N.Ramasamy 13.J.Seenimuthu (deceased) 14.D.E.Rajarathinam 15.S.Velayutham 16.K.Nagarajan 17.N.Lakshmanan 18.S.Ramasamy 19.S.Lakshminarayanan 20.S.Mariaselvarajan 21.K.Ramasamy 22.M.Muthuchamy 23.T.S.Kandavelu 24.S.Karuppasamy 25.S.Selvaraj 26.S.Ramasamy 27.G.Joseph 28.S.Muniyasamy 29.N.Vellaichamy 30.D.Pondurai 31.N.Seetharam 1/11

32.S.Subramanian 33.S.Mariappan 34.K.Venkataraj (deceased) 35.P.Thalarajan 36.D.Kosalraman 37.S.Gnanamuthu (deceased) 38.A.Ramasamy 39.S.Velsamy 40.S.Sorimuthu 41.G.Thiruvadi 42.A.Kumarasamy 43.V.Rengarajan 44.S.Bangarurajan 45.C.Ramasamy 46.S.Ramasamy 47.M.Sudalimuthu (deceased) 48.V.Ramar 49.N.Perumalsamy 50.N.Subbiah 51.G.Sankaranarayanan (deceased) 52.K.Anandappan 53.S.Sivasubramanian 54.S.M.Mariappan 55.V.Soundarrajan 56.V.Palanivel 57.A.Tamilselvi 58.A.Sarathkumar 59.S.Stellamary 60.S.Joyal 61.S.Josephin 62.V.Saroja 63.G.Jabathai 64.G.Sundarsingh 65.G.Stephan 66.G.Immanuvel 67.S.Deivanai 68.S.Manickam 69.Ulagammal 70.S.Sornapushpam

...Respondents

(Respondents 57 and 58 are impleaded as legal heirs of the deceased 9th respondent vide Court order dated 29.10.2021 in WMP(MD)No.16061 of 2021 in WP(MD)No.15603 of 2012) (Respondents 59 to 61 are impleaded as legal heirs of the deceased 13th respondent vide Court order dated 29.10.2021 in WMP(MD)No.11414 of 2021 in WP(MD)No.15603 of 2012) (Respondent 62 is impleaded as legal heir of the deceased 34th respondent vide Court order dated 29.10.2021 in WMP(MD)No.11296 of 2021 in WP(MD)No.15603 of 2012) 2/11

(Respondents 63 to 66 are impleaded as legal heirs of the deceased 37th respondent vide Court order dated 29.10.2021 in WMP(MD)No.11429 of 2021 in WP(MD)No.15603 of 2012) (Respondents 67 to 69 are impleaded as legal heirs of the deceased 47th respondent vide Court order dated 29.10.2021 in WMP(MD)No.11867 of 2021 in WP(MD)No.15603 of 2012) (Respondent 70 is impleaded as legal heir of the deceased 51th respondent vide Court order dated 29.10.2021 in WMP(MD)No.11083 of 2021 in WP(MD)No.15603 of 2012) Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari calling for the records relating to the award passed by the first respondent herein in I.D.Nos.126/2003 to 179/2003 and I.D.Nos.198/2003 and 199/2003 dated 29.03.2012 and quash the same.

For Petitioner : Mr.S.Srinivasa Raghavan For R2 to R45, : Mr.S.Arunachalam R 47 to 70 WP(MD)No.15604 of 2012 The Management, Sri Parameswari Spinning Mill (P) Ltd., Great Cotton Road, Panthalkudi - 626 113, Virudhunagar District.

... Petitioner Vs.

1.The Presiding Officer, Labour Court, Madurai 2.V.Chandrasekaran 3.R.Murugadasan 4.K.Ganesan 5.N.Chandran 6.M.Ramamurthy 7.S.Nalliah 8.D.Maragadavel 9.B.Ramakrishnan 10.C.K.Bagyaraj 11.V.Mariappan 12.M.Subbiah 13.B.Palanisamy 14.S.Shenbagam 15.M.Muthusamy 16.R.Jayaram 17.R.Piccaikkani 18.V.Gurusamy 19.R.Periyasamy 3/11

20.B.Palani 21.A.Subburaj 22.N.Chinnathambi 23.R.Subhash Chandrabose 24.B.Dhanapal 25.B.Mariappan 26.V.Karuppasamy 27.N.Veeraperumal 28.S.Muniyasamy 29.S.Joseph

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari calling for the records relating to the award passed by the first respondent herein in I.D.Nos.9/2002 to 33/2002 and I.D.Nos.38/2002 to 40/2002 dated 29.03.2012 and quash the same.

For Petitioner : Mr.S.Srinivasa Raghavan For R2 to R29 : Mr.S.Arunachalam WP(MD)No.3758 of 2017 1.V.Chandrasekaran 2.R.Murugadass 3.K.Ganesan 4.T.Chandran 5.M.Ramamurthi 6.S.Nallaiah 7.T.Maragathavel 8.P.Ramakrishnan 9.C.K.Packiaraj 10.V.Mariappan 11.M.Subbaiah 12.P.Palanisamy 13.S.Senbagam 14.M.Muthusamy 15.R.Jeyaram 16.R.Pitchaikani 17.V.Gurusamy 18.P.Palani 19.A.Subburaj 20.N.Chinnathambi 21.R.Subash Chandra bose 22.P.Dhanapal 23.P.Mariappan 24.V.Karuppasamy 25.A.Veeraperumal 26.S.Muniasamy 27.S.Joseph ... Petitioners 4/11

Vs.

1.The Presiding Officer, Labour Court, Madurai 2.The Management, Sri Parameswari Spinning Mill (P) Ltd., Great Cotton Road, Panthalkudi - 626 113, Virudhunagar District.

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned award dated 29.03.2012 in ID.Nos.9 to 25, 27 to 33 and 38 to 40/2002 passed by the first respondent, quash the same in so far as holding that the domestic enquiries conducted by the second respondent against the petitioners were fair and proper and that the charges alleged against them were proved and ordering only compensation and consequently to direct the second respondent to reinstate them in service with back wages, continuity of service and all other attendant benefits, award cost. For Petitioners : Mr.S.Arunachalam For R2 : Mr.S.Srinivasa Raghavan WP(MD)No.3759 of 2017 1.P.Thirumani 2.P.Ganeskumar ... Petitioners Vs.

1.The Presiding Officer, Labour Court, Madurai 2.The Management, Sri Parameswari Spinning Mill (P) Ltd., Great Cotton Road, Panthalkudi - 626 113, Virudhunagar District.

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned award dated 29.03.2012 in ID.Nos.26/2002 passed by the first respondent, quash the same in so far as holding that the domestic enquiries conducted by the second respondent against the deceased employee R.Periyasamy were fair and proper and that the charges alleged against him were proved and ordering only compensation and consequently to direct the second respondent to pay all the benefits including back wages payable to the deceased employee R.Periyasamy from 24.01.2000 to 17.11.2006 as if he was reinstated in service with back wages, continuity of 5/11

service and all other attendant benefits and award cost. For Petitioners : Mr.S.Arunachalam For R2 : Mr.S.Srinivasa Raghavan WP(MD)No.3781 of 2017 1.S.Selvaraj 2.A.Selvaraj 3.G.Samuelraja 4.T.Chellasamy 5.K.Perumal 6.D.Nagarajan 7.V.Murugan 8.R.Azhagarrajan (deceased) 9.S.John Sundarrajan 10.D.Kulasekaraperumal 11.N.Ramasamy 12.J.Seenimuthu (deceased) 13.DE.Rajarathinam 14.S.Velayutham 15.K.Nagarajan 16.N.Lakshmanan 17.S.Ramasamy 18.S.Lakshminarayanan 19.S.Mariaselvarajan 20.K.Ramasamy 21.M.Muthusamy 22.T.S.Kandhavelu 23.S.Karuppusamy 24.S.Selvaraj 25.S.Ramasamy 26.G.Joseph 27.S.Muniyasamy 28.N.Vellaisamy 29.T.Pondurai 30.N.Seetharaman 31.S.Subramanian 32.S.Mariappan 33.K.Venkataraj (deceased) 34.P.Thalaraj 35.T.Kosalram 36.S.Gnanamuthu (deceased) 37.A.Ramasamy 38.S.Velusamy 39.S.Sorimuthu 40.G.Thiruvadi 41.A.Kumarasamy 42.V.Rengarajan 43.S.Bangaruraj 44.C.Ramasamy 6/11

45.S.Ramasamy 46.M.Sudalaimuthu (deceased) 47.V.Ramar 48.N.Perumalsamy 49.N.Subbiah 50.G.Sankaranarayanan (deceased) 51.K.Anandappan 52.S.Sivasubramanian 53.S.M.Mariappan 54.V.Soundararajan 55.V.Palanivel 56.A.Tamilselvi 57.A.Sarathkumar 58.S.Stellamary 59.S.Joyal 60.S.Josephin 61.V.Saroja 62.G.Jabathai 63.G.Sundarsingh 64.G.Stephan 65.G.Immanuvel 66.S.Deivanai 67.S.Manickam 68.Ulagammal 69.S.Sornapushpam ... Petitioners (Petitioners 56 and 57 are impleaded as legal heirs of the deceased 8th petitioner vide Court order dated 29.10.2021 in WMP(MD)No.16068 of 2021 in WP(MD)No.3781 of 2017) (Petitioners 58 to 60 are impleaded as legal heirs of the deceased 12th petitioner vide Court order dated 29.10.2021 in WMP(MD)No.9644 of 2021 in WP(MD)No.

3781 of 2017) (Petitioner 61 is impleaded as legal heir of the deceased 33rd petitioner vide Court order dated 29.10.2021 in WMP(MD)No.9649 of 2021 in WP(MD)No.3781 of 2017) (Petitioners 62 to 65 are impleaded as legal heirs of the deceased 36th petitioner vide Court order dated 29.10.2021 in WMP(MD)No.9647 of 2021 in WP(MD)No.3781 of 2017) (Petitioners 66 to 68 are impleaded as legal heirs of the deceased 46th petitioner vide Court order dated 29.10.2021 in WMP(MD)No.11918 of 2021 in WP(MD)No.3781 of 2017) (Petitioner 69 is impleaded as legal heir of the deceased 50th petitioner vide Court order dated 29.10.2021 in WMP(MD)No.9646 of 2021 in WP(MD)No.3781 of 2017) Vs.

7/11

1.The Presiding Officer, Labour Court, Madurai 2.The Management, Sri Parameswari Spinning Mill (P) Ltd., Great Cotton Road, Panthalkudi - 626 113, Aruppukottai Taluk, Virudhunagar District.

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned common award dated 29.03.2012 in ID.Nos.126 to 159, 161 to 179 and 198 to 199 of 2003 passed by the first respondent, quash the same in so far as holding that the domestic enquiry conducted by the second respondent against the petitioners were fair and proper and that the charges alleged against them were proved and ordering only compensation and consequently to direct the second respondent to reinstate them in service with back wages, continuity of service and all other attendant benefits and award cost.

For Petitioners : Mr.S.Arunachalam For R2 : Mr.S.Srinivasa Raghavan C O M M O N O R D E R The core issues in all the above writ petitions are common. Hence, the above writ petitions are clubbed together.

2. Today, ie., on 29.10.2021, when the matters are taken up for hearing, the learned counsels appearing on behalf of both sides have filed a joint memo, dated 27.10.2021, and submitted that the dispute between the parties has been settled in terms of the joint memo. Hence, the learned counsels requested this Court to dispose of the writ petitions in terms of the above memo.

3. The terms of the joint memo filed by the learned counsels is extracted below.

"1.It is submitted that as against the common awards dated 29.03.12 passed by the Honourable Labour Court, Madurai in favour of the 2nd respondents/petitioners workmen in I.D.Nos.9 to 33, 38 to 40 of 2002 & I.D.Nos.126 to 159, 161 to 179, 198 to 199 of 2003, the petitioner/2nd respondent Management filed writ petitions in W.P.(MD).No.15603 of 2012 and W.P.(MD).No.15604 of 2012 and also filed Miscellaneous petitions in the above Writ Petitions praying for the order of stay staying of the execution of the above said awards. This Hon'ble 8/11

Court initially passed interim orders staying the awards on the condition that the petitioner/2nd respondent Management deposits the entire award amounts.

2.It is submitted that as against the conditional order of stay, the petitioner/2nd respondent Management filed writ appeals. The Honourable Division Bench in M.P.(MD).No.1 of 2013 in W.A.(MD).No.151 of 2013 and M.P.(MD).Nos.1 and 2 of 2013 in W.A.(MD).No.152 of 2013, passed an interim order dated 12.02.13 directing the petitioner/2nd respondent Management to deposit totally sum of Rs.25,08,000/- before the Honourable Labour Court, Madurai. Obeying the same, petitioner/2nd respondent Management also deposited the above said amount of Rs.25,08,000/- before the Honourable Court and the same is lying the bank account of the Honourable Labour Court, Madurai. 3.As against the very same awards, the 2nd respondents/petitioners Workmen also filed W.P.(MD). Nos.3781, 3758 & 3759 of 2017 claiming certain benefits, which the Labour Court declined to grant them on the above said awards.

4.It is submitted that pending the above writ petitions filed by both sides, the petitioner/2nd respondent Management and the 2nd respondents/petitioners Workmen have now amicably settled the disputes by way of settlements dated 09.10.21 made u/s 18(1) of the I.D.Act, whereby each the 2nd respondent/petitioner workmen agrees to receive a sum of Rs.1,50,000/- as towards full and final settlement of all his claims, based on the above said award and also based on his claims, as claimed by him along with his co-workmen in the writ petitions in W.P.(MD).Nos.3781, 3758 & 3759 of 2017, apart from based on his claim for gratuity along with interest thereof.

5.Based on the above said settlements, the petitioner Management/2nd respondent and the 2nd respondents/petitioners workmen have now decided to withdraw the respective writ petitions filed by them.

6.In view of the above settlement, the petitioner Management/2nd respondent is entitled to 9/11

get back the amount of Rs.25,08,000/-, which was deposited before the Honourable Labour Court, along with the accrued interest thereof. The 2nd respondents/petitioners workmen are having no objection for the same. Hence, the petitioner/2nd respondent Management is in need of suitable direction from this Honourable Court to get back/withdraw the above said deposited amount.

7. Therefore, it is prayed that this Honourable Court may be pleased to close the writ petitions W.P.(MD).No.15603 of 2012 and W.P.(MD).No.15604 of 2012 and W.P.(MD).Nos.3781, 3758 & 3759 of 2017, by recording the above said settlements dated 09.10.21 and thus render justice.

Therefore, it is prayed that this Honourable Court may be pleased to pass an order directing the Honourable Labour Court, Madurai to permit the petitioner/2nd respondent Management to withdraw the amount of Rs.25,08,000/- deposited in I.D.Nos.9 to 33, 38 to 40 of 2002 & I.D.Nos.126 to 159, 161 to 179, 198 to 199 of 2003, along with the accrued interest thereof, and thus render justice."

4. The joint memo, dated 27.10.2021, signed by the learned counsels on both sides, is taken on record.

5. Accordingly, these writ petitions are disposed of in terms of the joint memo, dated 27.10.2021, filed by the learned counsels on both sides. The said joint memo, dated 27.10.2021, shall form part of the records. No costs. The Labour Court, Madurai is directed to permit the Management, M/s.Sri Parameswari Spinning Mill (P) Limited, to withdraw the amount of Rs.25,08,000/- deposited in ID.Nos.9 to 33, 38 to 40 of 2002, ID.Nos.126 to 159, 161 to 179, 198 and 199 of 2003 along with the accrued interest there of. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) mbi 10/11

Note In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO The Prisiding Officer, Labour Court, Madurai.

+6 CC to M/s.S.SRINIVASA RAGHAVAN, Advocate ( SR-33288[F], 33287,33288 dated 29/10/2021 ) WP(MD)Nos.15603 & 15604/2012, 3781, 3758 & 3759/2017 29.10.2021 NA(CO) KB(24.11.2021) 11P 8C 11/11