Partly allowed

Madurai Loomworld, v. Balakrishnan.S

Madras HC17 Oct 2022WP(MD)/5393/2021

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging an order reinstating a terminated employee, finding natural justice was violated. It disposed of a petition for enforcement by directing the respondent to find alternative employment for the petitioner, as the original employer did not exist.

What did the court decide?

Petition challenging reinstatement dismissed; enforcement petition disposed by directing respondent to accommodate petitioner in another society within eight weeks.

Madurai Loomworld, Vs Balakrishnan.S — Pension and Retirement Benefits | Madras HC (2022)

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W.P.(MD)Nos.5393 & 2436 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 17.10.2022

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P(MD)Nos.5393 & 2436 of 2021 and W.M.P(MD)Nos.7751, 4305 & 2010 of 2021

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W.P(MD)No.5393 of 2021:

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Madurai Loomworld, Represented by Convener / Assistant Director of Handlooms and Textiles, 1^st Floor, Madurai – 625 001. ... Petitioner

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1.S.Balakrishnan

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2.The Deputy Commissioner of Labour, Appellate Authority under Tamil Nadu Shops and Establishment Act, Madurai. ... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records of the impugned order passed by the second respondent in TNSE Appeal No.2 of 2019, dated 02.11.2020 and quash the same.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)Nos.5393 & 2436 of 2021

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For Petitioner : Mr.R.Suresh Kumar

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Additional Government Pleader

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For Respondents : Mr.S.Mohammed Suhail

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for M/s.Ajmal Associates for R.1

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Mr.J.K.Jayaseelan Government Advocate for R.2

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W.P(MD)No.2436 of 2021:

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S.Balakrishnan ... Petitioner

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1.The Deputy Commissioner of Labour, (An Appellate Authority under the Tamil Nadu Shops and Establishment Act, 1947),

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Office of the Deputy Commissioner of Labour, Madurai.

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2.The Director, Handlooms and Textiles Directorate, 2^nd Floor, Kurazhagam, Chennai – 108.

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3.The Joint Director, Office of the Joint Director, 2^nd Floor, Kurazhagam,

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Chennai – 108.

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4.The Assistant Director of Handlooms and Textiles, No.5, Ramaiah Cross Street, Shenoy Nagar, Madurai – 20.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)Nos.5393 & 2436 of 2021

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5.The Management of Madurai Loom World,

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135A, East Veli Street, I Floor,

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Madurai, Represented by The Assistant Director of Handlooms and Textiles / Convener ... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the fourth respondent to reinstate the petitioner in service in conformity with the order, dated 02.11.2020 made in Case No.TNSE Appeal no.2/2019 passed by the first respondent and consequently to direct the respondents to disburse all his backwages and other monetary benefits including the arrears of salary along with accrued interest thereon within the period thay may be stipulated by this Court.

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For Petitioner : Mr.S.Mohammed Suhail for M/s.Ajmal Associates

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For Respondents : Mr.J.K.Jayaseelan

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Government Advocate for R.1 to R.4

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Mr.R.Suresh Kumar Additional Government Pleader for R.5

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COMMON ORDER

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Heard the learned counsel on either side.

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Thiru.S.BalaKrishnan, the petitioner in W.P(MD)No.2436 of 2021 was

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employed as salesman on daily wages basis in Sri Srinivasaperumal Weavers Co-operative Society Limited, Madurai. Since the said Society ran into loss, he

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)Nos.5393 & 2436 of 2021

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was transferred to Ezhukadal Handloom Showroom, Madurai on 05.05.2000. Madurai Loom World is another name for Ezhukadal Handloom Showroom. Madurai Sri Srinivasaperumal Weaver's Co-operative Production and Sale Society Limited, A-2423, Madurai was ordered to be liquidated on 11.05.2012 by the Assistant Director of Handloom and Textiles Industries, Madurai. Since Madurai Loom World also ran into financial loss, the Assistant Director of Handloom and Textiles Industries, Madurai vide proceedings dated 28.02.2018, directed that Thiru.S.Balakrishnan shall be relieved and in his place, an employee can be appointed on daily wages basis. Challenging the same, Thiru.S.Bala Krishnan filed an appeal under Section 41(2) of the Tamilnadu Shops and Establishments Act, 1947 before the Assistant Director of Handlooms and Textiles / Convener, Madurai. By order dated 02.11.2020, T.N.S.E.Appeal No.2 of 2019 filed by Thiru.S.Bala Krishnan, was allowed. The order of termination dated 28.02.2018 was set aside and the Management was directed to reinstate him with backwages and continuity of service. Challenging the same, Management has filed W.P(MD)No.5393 of 2021. For enforcing the said order, Thiru.S.Bala Krishnan filed W.P(MD)No.2436 of 2021.

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After hearing the learned counsel on either side, I am more than satisfied that the order passed by the appellate authority under Tamilnadu Shops

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)Nos.5393 & 2436 of 2021

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and Establishments Act, 1947 cannot be interfered with. This is because Thiru.S.Bala Krishnan had been summarily thrown out and shown the door even without complying with the principles of natural justice. The appellate authority has given sound and convincing reasons for allowing the appeal filed by Thiru.Bala Krishnan. I, therefore, dismiss W.P(MD)No.5393 of 2021.

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However, there are certain practical difficulties in allowing W.P(MD)No.2436 of 2021. The learned Additional Government Pleader appearing for the fifth respondent informs the Court that Madurai Loom World is no longer existing. He also informs this Court that it does not have any assets to claim as its own. When the entity itself is non-existent and it is not also having any assets, I would be passing a futile order by directing the enforcement of the order dated 02.11.2020 passed T.N.S.E.Appeal No.2 of 2019 by the Assistant Director of Handlooms and Textiles / Convener, Madurai.

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The learned counsel appearing for the employee informs this Court that similarly placed employees were accommodated in other Societies coming under the control and supervision of the Director, Handloom and Textiles Kuralagam, Chennai. In fact, such an approach adopted by the Director, Handloom and Textiles, Chennai has been referred to the order passed by the appellate authority also. Instead of directing the enforcement of the order dated

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W.P.(MD)Nos.5393 & 2436 of 2021

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02.11.2020, I direct the second respondent to endeavor to accommodate the writ petitioner in any one of the Societies coming under his jurisdiction preferably at Madurai or in the neighbouring Districts. Such an order will be passed by the second respondent within a period of eight weeks from the date of receipt of a copy of this order. Since the Management under which Thiru.Bala Krishnan was serving is no longer in existence, the question of paying backwages does not arise. W.P(MD)No.2436 of 2021 is disposed of on these terms. Consequently, connected miscellaneous petitions are closed. No costs.

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17.10.2022

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Index : Yes / No Internet : Yes/ No mga

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Note: Issue Order Copy on 20.10.2022.

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1.The Deputy Commissioner of Labour, (An Appellate Authority under the Tamil Nadu Shops and Establishment Act, 1947), Office of the Deputy Commissioner of Labour, Madurai.

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2.The Director, Handlooms and Textiles Directorate, 2^nd Floor, Kurazhagam, Chennai – 108.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)Nos.5393 & 2436 of 2021

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3.The Joint Director,

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Office of the Joint Director,

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2^nd Floor, Kurazhagam,

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Chennai – 108.

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4.The Assistant Director of Handlooms and Textiles, No.5, Ramaiah Cross Street, Shenoy Nagar, Madurai – 20.

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5.The Assistant Director of Handlooms and Textiles / Convener Management of Madurai Loom World,

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135A, East Veli Street, I Floor, Madurai.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)Nos.5393 & 2436 of 2021

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G.R.SWAMINATHAN, J.

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mga

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W.P(MD)Nos.5393 & 2436 of 2021 and W.M.P(MD)Nos.7751, 4305 & 2010 of 2021

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17.10.2022

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https://www.mhc.tn.gov.in/judis

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Madurai Loomworld, v. Balakrishnan.S

Case brief

What is this about?

What did the court decide?

Madurai Loomworld, v. Balakrishnan.S

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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