Disposal of two connected writ petitions challenging a Labour Court award. The court recorded that the workman was reinstated and agreed to settle current wages. Petitions were closed without any operative order or costs.
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.
W.P.Nos.20354 of 2016 and 8335 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.07.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.Nos.20354 of 2016 and 8335 of 2017 AND W.M.P.Nos.17475/16, 20364 & 20365/17 and 4029/20
The Management of Axles India Limited ... Petitioner in W.P.20354/2016
K.Ezhumalaiyan ... Petitioner in W.P.8335/2017
Vs.
Prayer in W.P.No.20354 of 2016:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records on the file of the first respondent herein viz., The Presiding Officer, Principal Labour Court, Vellore in I.D.No.105 of 2011 and quash the Common Award passed therein dated 24.02.2016.
Prayer in W.P.No.8335 of 2017:
Petition filed under Article 226 of the Constitution of India to
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issue a Writ of Certiorarified Mandamus after calling for the concerned records from the first respondent, quash the common Award of the first respondent dated 24.02.2016 in I.D.Nos.104 to 107 of 2011 in so far as I.D.No.105 of 2011 denying the relief of back wages, continuity of service for all purpose, allowances, all other attendant benefits and imposing condition to tender unconditional apology while being reinstated as illegal, arbitrary and contrary to law and consequently direct the second respondent Management to reinstate the petitioner with full back wages, continuity of service and all other attendant benefits.
| For Petitioner | : Mr.G.Anand Gopalan |
|---|---|
| for M/s.T.S.Gopalan and Co. | |
| in W.P.No.20354/2016 | |
| Mr.Balan Haridas | |
| in W.P.No.8335/2017 |
| For Respondents | : Mr.Balan Haridas for R2 |
|---|---|
| in W.P.No.20354/2016 | |
| Mr.G.Anand Gopalan for R2 | |
| for M/s.T.S.Gopalan and Co. | |
| in W.P.No.8335/2017 | |
| R1 – Labour Court | |
| in both the W.Ps. |
C O M M O N O R D E R
Since the issue involved in these writ petitions are interrelated,
they are heard together and disposed of by way of a common order. For brevity, the petitioner in W.P.No.20354 of 2016 would be
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hereinafter referred to as 'Management' and the petitioner in W.P.No. 8335 of 2017 would be hereinafter referred to as 'Workman'.
2.Aggrieved by the award passed by the Presiding Officer, Principal Labour Court, Vellore in I.D.No.105 of 2011 dated 24.02.2016, W.P.No.20354 of 2016 has been filed by the Management. Aggrieved by the denial of the relief of back wages, continuity of service for all purpose, allowances, all other attendant benefits and the condition imposed to tender unconditional apology while being reinstated in the award passed by the Presiding Officer, Principal Labour Court, Vellore in I.D.No.105 of 2011 dated 24.02.2016, W.P.No.8335 of 2017 has been filed by the Workman.
3.It is represented by the learned counsel appearing for the Management that during the pendancy of this writ petition, the Workman was reinstated in service and he is receiving old wages, however, he is entitled to receive current wages on par with the other employees from 01.07.2021 and necessary settlement will be arrived at. The learned counsel further submitted that the Workman is not entitled for any backwages since he has been reinstated in service and has received other benefits as ordered by the Labour Court.
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M.DHANDAPANI,J.
20.07.2023
pri
Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No
To
W.P.Nos.20354 of 2016 and 8335 of 2017
20.07.2023
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The Management of Axles India Limited
K.Ezhumalaiyan
The Presiding Officer, Principal Labour Court, Vellore
K.Ezhumalaiyan
Management Axles India Limited
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
