In this writ petition, the Suzlon Thozhilalargal Sangam sought a direction for re-appointment based on alleged misrepresentation, despite a prior settlement and compensation award via Lok Adalat. The High Court dismissed the petition, holding that the service issues were already settled and compromised before the Lok Adalat.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.04.2018
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.8628 of 2017
The President,
Suzlon Thozhilalargal Sangam, Rep. by its President Mr.L.Sundaramoorthy, Affiliated to Center of India Trade Union- (CITU), Puducherry. ... Petitioner
-vs1.The Presiding Officer, Labour Court, Puducherry.
2.The Managing Direcotr, M/s. Suzlon Energy Limited Unit-IV, Puducherry. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, to direct the second respondent to provide employment to the petitioners in its Puducherry factory as per the award passed in Lok Adalat in ID (L) No.22 of 2013, in terms of clause 13 of the 18(1) settlement dated 12.12.2015, which is a part of the said award.
For Petitioners: Mr.P.R.Thiruneelakandan For R1 :: Court For R2 :: M.Vijayan for M/s.King and Partridge O R D E R
The relief sought for in this writ petition is to direct the second respondent to provide employment to the petitioners in its Puducherry factory as per the award passed in Lok Adalat in ID (L) No.22 of 2013, in terms of clause 13 of the 18(1) settlement dated 12.12.2015, which is a part of the said award.
2.The prayer sought for in this writ petition is absolutely misconceived. Undoubtedly, the writ petitioner's sangam and the individual employees entered into a settlement with the second respondent, Management. However, by way of negotiation, the matter was settled through Lok Adalat. Lok Adalat accepting the comprise passed an order on 12.12.2015, in respect of the awards passed in ID No.22 of 2013, C.P.No.87 of 2014 and ID.No.15 of 2013.
3.Pursuant to the compromise entered and the order passed by the Lok Adalat, the settlements were also made by the second respondent, Management in favour of the workmen. The fact regarding the settlement of the compensation by the Management passed on the Lok Adalat is not disputed.
However, the learned counsel appearing for the petitioner states that there was a misrepresentation on the part of the Management and therefore, the petitioners are entitled for re-appointment and that is why the present writ petition is filed.
In view of the fact that all the issues relating to the service of the workmen were settled and they had compromised the matter before the Lok Adalat and an order was passed. Pursuant to the order, the amount of compensation was also settled in favour of the workmen. Such being the factum of the case no writ petition can be entertained.
Accordingly, the writ petition stands dismissed. However, there is no order as to costs.
Sd/Asst.Registrar (CS IX ) /true copy/
Sub Asst. Registrar
ah
To
1.The Presiding Officer, Labour Court, Puducherry.
W.P.No.8628 of 2017
kji(co) nr 28/04/2018
3 issues framed by the court
Whether a writ petition for re-appointment can be entertained where the service issues were settled and compromised before a Lok Adalat.
Whether the alleged misrepresentation by the management entitles the workmen to re-appointment after a Lok Adalat settlement.
Whether the High Court can entertain a writ petition challenging a settlement reached in Lok Adalat regarding workmen's employment.
The President, Suzlon Thozhilalargal Sangam
The Presiding Officer, Labour Court, Puducherry
The Managing Director, M/s. Suzlon Energy Limited Unit-IV, Puducherry
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
