Disposed

The Management of v. The Presiding Officer

Madras HC9 Jun 2017WP/31354/2014

Case brief

AI extract

What is this about?

The High Court disposed of two joined writ petitions challenging Labour Court awards. While the computation of the awards was pending adjudication by a Division Bench in Writ Appeals, the Court issued an interim arrangement ordering the respondents to pay workmen a sum of Rs. 1,00,000 out of the quantified amount, subject to further orders.

What did the court decide?

Ordering payment of Rs. 1,00,000 to respondent workmen pending appeal decisions; directing Labour Court to comply with payment in one petition and directing petitioner to pay in the other.

The Management of Vs The Presiding Officer — Labour and Industrial Disputes | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 09.06.2017

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Coram

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The Hon'ble Mr.Justice M.M.SUNDRESH

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W.P.No.31354 of 2014 & W.P.No.10132 of 2016

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The Management of Tamil Nadu State Transport Corporation Ltd., Villupuram - 605 602.

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Rep by its General Manager

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...Petitioner in W.P.No.31354 of 2014

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The Management of Tamil Nadu State Transport Corporation Ltd., Villupuram - 605 602. ...Petitioner in W.P.No.10132 of 2016

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Vs. The Presiding Officer, The Labour Court, Cuddalore. ...Respondent in both W.Ps

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A. Murugan ... 2^nd Respondent in W.P.No.31354 of 2014 G. Sekar ...2^nd Respondent in W.P.No.10132 of 2016

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PRAYER in W.P.No.31354 of 2014: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the 1st Respondent in C.P.No. 12 of 2014 dated 30.07.2014 and quash the same & consequently direct the 1st Respondent to take Miscellaneous Petition for hearing.

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PRAYER in W.P.No.10132 of 2016: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the order passed by the 1st Respondent Labour Court in C.P.No. 11/2014 dated 26.08.2015 and quash the same and to direct the 1st Respondent to rehear the C.P.No.11/2014.

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioner : Mr.P.Paramasiva Doss (in both WPs)

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For Respondent 2 : Mr.K.Arunagiri (in both WPs)

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R1 – Court

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COMMON O R D E R

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Considering the common issue involved in these Writ Petitions, by consent, these Writ Petitions are taken up for final hearing and disposed of by this common order.

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These Writ Petitions have been filed for issuance of a Writ of Certiorari to quash the order passed by the first respondent in A.P.Nos.579, 402 & 397 of 2011, dated 10.05.2013 & 22.07.2013.

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It is submitted by both the counsel that against the awards passed by the Labour Court, the Writ Petitions filed, were dismissed by this Court. However, challenging the same, the Writ Appeals in W.A.Nos.892 to 897 of 2016, have been filed in which, notices have been ordered to the respective Workman. The subject matter of these Writ Petitions is in respect of the computation followed for the awards passed, which are admittedly pending consideration before the Hon'ble Division Bench.

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Therefore, in the light of the above said facts, these two Writ Petitions stand ordered, holding that the respondents Workmen are liable to receive a sum of Rs.1,00,000/- out of Rs.2,01,200/-, by way of an interim arrangement, subject to further orders to be passed in the pending Writ Appeals, leaving open all the issues to be adjudicated by the respective parties.

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Insofar as W.P.No.31354 of 2014 is concerned, already 50% of the amount quantified by the Court below, has been deposited, pursuant to the orders of this Court. Therefore, the respondent Workman is at liberty to withdraw a sum of Rs.1,00,000/- out of the total amount, by filing an appropriate application.

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Insofar as W.P.No.10132 of 2016, is concerned, the Writ Petitioner is directed to pay a sum of Rs.1,00,000/- to the respondent workman without prejudice to the contentions in the pending Writ Appeals, within a period of eight weeks from the date of receipt of a copy of this order.

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It is made clear that the payments, as ordered by this Court above, are subject to the further orders to be passed, both interim and final, in the pending Writ Appeals. It is made

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https://hcservices.ecourts.gov.in/hcservices/

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clear that insofar as W.P.No.31354 of 2014, is concerned, on the application made by the respondent workman, the Labour Court has to comply with the order passed above with respect to the payment of Rs.1,00,000/- in favour of the respondent workman.

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The Writ Petitions are disposed of accordingly. No costs. Consequently, connected Miscellaneous Petitions are closed.

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-s/dAssistant Registrar(CS-IV)

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True Copy
Sub-Assistant Registrar
pbn/raja
To
1. The Presiding Officer,
The Labour Court,
Cuddalore.
+1 CC to Mr.P. Paramasivadoss, Advocate sr 41773
+2 Ccs to Mr.K. Arunagiri, Advocate sr 41399
+2 Ccs to Mr.K. Arunagiri, Advocate sr 41400(07/07/2017)
W.P.No.31354 of 2014 &
W.P.No.10132 of 2016
KGK(CO)
sp/28/6

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https://hcservices.ecourts.gov.in/hcservices/

The Management of v. The Presiding Officer

Case brief

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What did the court decide?

The Management of v. The Presiding Officer

Case brief

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