Allowed

The Commissioner, v. the Presiding Officer

Madras HC4 Oct 2017WP/41320/2002

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging an ex-parte award by the Labour Court regarding pension entitlement. The Court quashed the award and remanded the matter to the Labour Court for a fresh hearing due to lack of service records and no prior opportunity for the petitioner to defend their case.

What did the court decide?

The writ petition was allowed; the Labour Court's award was quashed and the matter remanded to the Labour Court for fresh hearing.

The Commissioner, 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 : 04.10.2017

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CORAM :

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

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W.P.No.41320 of 2002

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The Commissioner,
Coimbatore Municipal Corporation,
Coimbatore. ... Petitioner
Vs.
1.The Presiding Officer,
Labour Court,
Coimbatore.
2.Tmt.Nachal,
W/o.Late.Chinnan,
No.46, C.M.C.Colony,
Uppilipalayam Post,
Coimbatore – 641 015. ... Respondents

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Prayer : Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari after calling for the records of the first respondent pertaining to his proceedings in C.P.No.409/99 and quash the order dated 13.06.2000.

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For Petitioner : Mr.R.Sivakumar For Respondents : R1 – Court R2 – No Appearance

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The Award of the Labour Court , Coimbatore, dated 13^th June 2000 in Computation Petition(C.P) No.409 of 1999 is under challenge in this writ petition.

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2.The learned counsel appearing for the writ petitioner made a submission that the 2^nd respondent/workman is not entitled for pension, in view of the fact that as on the date of issuance of G.O.Ms.No.437 dated 23.06.1988, the husband of the 2^nd respondent was not eligible for counting of half of the services rendered

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

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by him on temporary basis. However, the Labour Court, Coimbatore has passed an ex-parte award and the writ petitioner has not been given opportunity to defend their case before the Labour court.

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3.The learned counsel appearing for the writ petitioner further stated that the service records of the husband of the 2^nd respondent are not available with the writ petitioner corporation and in fact, the same was kept by the erstwhile Municipal Corporation where the husband of the 2^nd respondent was working. However, the order of the Labour Court is an ex-parte order and the writ petitioner is entitled for an opportunity to defend the case in accordance with law, by producing the relevant records and adducing evidences in this regard. Such being the factum of the case, it is preferable to remand the matter back to the Labour Court, Coimbatore for effective adjudication and take a decision on the issues raised by the parties. Thus, the Award passed by the 1^st respondent in C.P.No.409 of 1999 is quashed and the matter is remanded back to the 1^st respondent for reconsideration, for fresh hearing and for adjudication.

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3.Accordingly, the writ petition stands allowed. However, there shall be no order as to costs. Sd/Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar kak/kv To

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The Presiding Officer, Labour Court, Coimbatore.

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+1cc to Mr.R.Sivakumar, Advocate, S.R.No.71270

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BR(CO) CA(07/11/2017)

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

The Commissioner, v. the Presiding Officer

Case brief

What is this about?

What did the court decide?

The Commissioner, v. the Presiding Officer

Case brief

What is this about?

What did the court decide?

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