The Management, Penar - v. The Presiding Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2015

CORAM:

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN WRIT PETITION (MD) No.16615 of 2013 and M.P.(MD)No.1 of 2013 THE MANAGEMENT PENAR SPECIALITY PRODUCTS (P) LTD., (NOW KNOWN AS KERN ENTERPRISES (P)LTD.) REP.BY ITS DIRECTOR A.SIVAGNANAM, 29/3, VALAYANKULAM-625 022, MADURAI DT.

... Petitioner -vs1.

The Presiding Officer Labour Court, District Court Building, Madurai-20.

2.

R.Rajendran 3.

V.Mokkaraj 4.

P.Pitchaimani 5.

C.Muthulingam 6.

G.Murugan 7.

R.Ramakrishnan 8.

M.Pitchai 9.

C.Kandan 10.

G.Ayyavoo 11.

P.Muthu 12.

V.Pakiaraj 13.

C.Arumugam 14.

P.Chinnapandi 15.

P.Thavapandi 16.

P.Vellaisamy 17.

C.Chinnandi 18.

S.Mani 19.

A.Ponnampalam 20.

P.Adaikkan 21.

P.Chellakannu 22.

S.Matchakalai 23.

P.Malayan 24.

O.Subramanian 25.

M.Chinnakalai 26.

P.Balasubramani 27.

S.Kandarao 28.

S.Lakshumanan 29.

M.Chakkaiah 30.

M.Alagar 31.

V.Manimuthu 32.

V.Pitchairaj 33.

R.Mayilsamy 34.

K.Chinnakalai 35.

P.Andi 36.

S.Kandasamy 37.

V.Murugan

38.

R.Chinnamuthu 39.

M.Pilian 40.

O.Perumal 41.

P.Pandi 42.

K.Ramu 43.

K.Murugan 44.

M.Adikkan 45.

K.Subburaj 46.

A.Pitchai 47.

M.Rajendran 48.

M.Periyasamy 49.

R.Udayar 50.

U.Andi 51.

A.Gopal 52.

T.Alagar 53.

P.Annadurai 54.

S.Rasu 55.

The Management Indian Syntans Ltd., 29/3, Valayankulam, Madurai-625 022. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ in the nature of Certiorari, calling for the records of the 1st respondent in the proceedings dated 09.07.2013 in the memo filed in I.D.No.112/1996 and quash the same . For Petitioner : Mr.R.Sivamanogaran For R1 : Mr.R.Velmurugan Govt. Advocate

O R D E R

The petitioner has come forward with this writ petition, challenging the order of the Labour Court in allowing joint trial by taking into consideration the common evidence vide proceedings dated 09.07.2013 in the memo filed in I.D.No.112/1996 and to quash the same .

2. Though the respondents 2 to 55 have been served and their names were also printed in the cause list, no one represented for them. According to the petitioner, the employees have resigned their services on various dates and raised a dispute stating that they have been verbally terminated and the disputes have also been raised in various years. The petitioner has stated that each individual has given different reasons to contend that they have been forced to resign from services and that amounts to denial of employment. Since each and every person is giving a different story, unless or until those persons are examined by getting them into box to tender evidence, it will be difficult for the petitioner to disprove the allegations, though burden is on the respondents/workmen, who raised the dispute, to establish their case.

3. Since the issue raised by the respondents / workmen is that they have been forced to resign their job and that the issue is also common, there is nothing wrong in the Labour Court ordering for a joint trial. At the same time, it is to be remembered that unless an employee gets into the box and establishes his case individually, appropriate relief cannot be extended to him, as one employee, on behalf of all employees cannot lead evidence to substantiate the case. That apart, it will be

convenience for the Management to let in a common evidence with regard to 53 cases. Since the workmen have invited a joint trial with the fond hope of establishing their individual case in the joint trial, they themselves have to be blamed for such thing and not others.

4. In view of this, this Court is of the view that there is no need to interfere with the order of the Labour court allowing joint trial. Hence, this writ petition is disposed of with the above observation. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To The Presiding Officer Labour Court, District Court Building, Madurai-20.

+1cc to M/s.R.Sivamanogaran, Advocate SR.No.17798 sm:29.04.2015:3P/3C ar WRIT PETITION (MD) No.16615 of 2013