Madras High CourtWP(MD)/1851/2018dismissed

B.Ayyappan (43 Years) v. The Presiding Officer,

2018-02-06Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.1851 of 2018 and WMP(MD)Nos.1987 & 1988 of 2018 B.Ayyappan ... Petitioner Vs.

1.The Presiding Officer, Labour Court, Tiruchirappalli, Sitting Camp at Dindigul.

2.The Management of M/s.Renold Chain India Private Ltd, S.F.No.568/1A, 569/1&2, D.Gudalur Post - 624 620.

Karur Via, Vedasanthur Taluk, Dindigul District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the entire records in pursuant to the impugned award dated 06.10.2017 in I.D.No.34 of 2015 pending disposal on the file of the first respondent/Labour Court, Tiruchirappalli Sitting Camp at Dindigul and quash the same and consequently direct the first respondent/Labour Court to readjudicate the preliminary issue with regarding the validity and fairness of domestic enquiry.

For Petitioner : Mr.K.Hariharan For Respondents : R1-Labour Court Ms.D.Geetha for R2 https://hcservices.ecourts.gov.in/hcservices/

ORDER

The petitioner has filed this writ petition questioning the preliminary award dated 06.10.2017 made in ID.No.34 of 2015 on the file of the Labour Court, Tiruchirappalli at (Dindigul Camp). The matter is now posted for passing of award in terms of Section 11 A of the Industrial Disputes Act, 1947.

2.This Court is of the view that the writ petitioner can question this award while mounting the challenge to the final award passed by the Labour Court. This Court is of the view that the writ petition has been prematurely filed. Leaving all the contentions open, the writ petition is dismissed with liberty to the petitioner to renew his challenge. It is made clear that the Labour Court shall pass the final award in terms of Section 11 A of the Industrial Disputes Act without in any way being influenced by any of the findings set out in the preliminary award. 3.With this observation, the writ petition stands dismissed Consequently Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To The Presiding Officer, Labour Court, Tiruchirappalli, Sitting Camp at Dindigul.

+1cc to M/S.K.HARIHARAN, Advocate SR.No.46498. W.P(MD)No.1851 of 2018 and WMP(MD)Nos.1987 & 1988 of 2018 06.02.2018 skm SDS/MR/SAR 3/19.02.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/