The Management sought certiorari to quash Labour Court orders awarding money to workmen. The Court directed that no amount be remitted to the employee as the claimed debts owed by the workmen exceed the awarded sums, thereby adjusting the orders.
No amount to be paid by employer; workmen to pay balance debt to employer with 6% interest.
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: 20.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.Nos.29853 and 29854 of 2004 W.P.MP.Nos.36255 & 36257 OF 2004
The Management, Ponnammapet, Cotton and Pure Silk Handloom Weavers Co-operative Society, Rep. by its Special Officer, Salem-1. ...Petitioner in both W.P.'s -vs-
The Labour Court, Salem. ...First Respondent in both W.P's P.Rajaram ...Second Respondent in W.P.No. 29853 of 2004 V.Rajagopal ...Second Respondent in W.P.No.29854 of 2004
Writ Petitions filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari to call for the records of the first respondent pertaining to the proceedings in order dated 28.04.2004 in C.P.Nos.286 and 284 of 2002 and quash the same.
For Petitioner : Mr.G.Arul Murugan (in both W.P.'s) For Respondents : No appearance (in both W.P.'s)
C O M M O N O R D E R
Since the issue pertaining to both the W.P.'s are one and the same, they are taken up together and disposed of by a common order.
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5.As far as the Writ Petition in W.P.No.29853 of 2004 is concerned, according to the Management, total amount payable by the employee to the employer is Rs.5,02,689/- as per the surcharge proceedings. Apart from that, the employee has been convicted by the Criminal Court to undergo imprisonment for a period of one year. Though this Court is inclined to interfere with the award of the Labour Court, no amount need to be paid by the employer to the employee, in view of the fact that employee needs to pay a sum of Rs.5,02,689/-to the employer. Hence, after adjusting the amount determined by the Labour Court, the employee shall pay the balance amount to the employer together with interest @ 6% per annum from the date of the order in computation petition.
With the aforesaid observations, these Writ Petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/-
Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
arr
To
The Labour Court, Salem.
+2 Ccs to Mr.G.Arul Murugan, Advocate, Sr.No. 34717,34718.
W.P.Nos.29853 and 29854 of 2004
KK(CO) LS(16/09/2021)
3 issues framed by the court
Whether the High Court should interfere with the Labour Court award directing the employer to pay workmen amounts and how credit amounts payable by workmen to the employer should be adjusted.
Whether the employer is required to remit the awarded amount to the employee given the existence of claimed debts and loans owed by the workmen to the employer.
What relief is appropriate when respondents do not appear to challenge the adjustment of awards against workmen debts.
1 provisions across 1 enactments
Management, Ponnammapet, Cotton and Pure Silk Handloom Weavers Co-operative Society
Labour Court, Salem
P. Rajaram
V. Rajagopal
S. Vaideyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
