University failed for years to reinstate a dismissed Junior Assistant despite an unchallenged Labour Court award; after subsequent compliance granting continuity, the High Court declined to interfere, dismissed the revision and asked the Labour Court to record compliance and terminate the execution petition.
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.
C.R.P.No.1069 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.11.2024
CORAM :
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN
C.R.P.No.1069 of 2023 and C.M.P.No.7676 of 2023
The Registrar, Periyar University, Salem .. Petitioner
Versus
C.Deivarani .. Respondent
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the Order in REP.No. 7 of 2021 in ID.No. 660 of 2004 dated 04.03.2023 on the file of the Labour Court, Salem.
For Petitioner : Mr.P.Godson Swaminathan
For Respondent : Mr.K.Selvaraj
ORDER
This civil revision petition challenges the order passed by the
Presiding Officer, Labour Court cum Executing Court in REP.No.7 of 2021 in ID.No.660 of 2004 dated 04.03.2023.
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3. The ID was disposed of on the following terms:
“Kothf kD gFjpahf mDkjpf;fg;gLfpwJ/ ,d;wpypUe;J 2 khj fhyj;jpw;Fs; vjph;kDjhuh; kDjhuUf;F gzpj;bjhlh;r;rpa[ld; gzp tH';f ntz;Lk; vd;W cj;jutplg;gLfpwJ/ gpd;rk;gsj;ij bghWj;jtiu kDjhuh; gzpePf;fk; bra;ag;gl;l gpwF gzpapy;yhky; ,Uf;fpnwd; vd;W ve;j xU rhl;rpa rhd;whtzKk; ,lg;gltpy;iy/ eph;thf jug;gpYk; gzpePf;fj;jpw;F gpd;dpl;L kDjhuh; rk;ghjpf;Fk; gzpapy; ,Ue;J te;jhh; vd;W ePjpkd;wk; Vw;Fk; tifapy; ve;j xU MtzKk; jhf;fy; bra;atpy;iy/ Mf ,Ujug;gpYk; nkw;brhd;d tifapy; bray;gl;ljhy; No work no pay vd;w mog;gilapy; kDjhuh; gpd;rk;gsk; tH';f ntz;oa mtrpak; ,y;iy vd ePjpkd;wk; Kot[ bra;fpwJ/ jug;gpdh;fspd; cwt[ Kiwia fUj;jpw;bfhz;L mtuth; bryt[j;bjhifia mtutnu Vw;Wf;bfhs;s ntz;Lk;/ ”
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REP.No.7 of 2021. The learned Judge ordered notice in the execution petition and received a counter from the petitioner herein. In the execution proceedings, the respondent wanted reinstatement together with monetary benefit of Rs.68,60,000/-. The Executing Court held that as the respondent is claiming differential figures, it left it open to the respondent to file a computation petition and held that the claim of the respondent will have to be decided in the said proceeding.
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respondent to join duty on or before 28.12.2022. Therefore, the order of arrest passed by the Executing Court requires interference.
implement the award that had been passed by the Court as early as 23.05.2013. He states that having waited for more than eight years, his client presented an execution petition only on 19.07.2021. Pointing out that there is no explanation for the delay from 2013 to 2021, he pleads that the order of Executing Court deserves confirmation. Furthermore, inviting my attention to the proceedings of the civil revision petitioner in PU/R/Estt.R6/005807/2023 dated 16.03.2023, he states that as the order of
the Executing Court has been complied with, nothing further remains to be decided in this revision. In fact, he urges that the Execution Petition itself may be closed as the orders of the ID had been complied with.
Swaminathan and Mr.K.Selvaraj for the respective parties.
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That being the position, the respondent ought to have been restored in service as ordered by the Labour Court on 25.03.2013. Yet the civil revision petitioner, a pre-eminent educational institution in the State, waited for a further period of 10 years before passing the order on 21.12.2022.
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04.11.2024
nl
Index : yes/no Speaking order/Non-speaking order Neutral Citation : yes/no
To
The Labour Court, Salem.
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V.LAKSHMINARAYANAN, J.
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C.R.P.No.1069 of 2023
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2 issues framed by the court
Should the civil revision interfere with the Executing Court's order of arrest for non-compliance with an unchallenged Labour Court reinstatement award?
Has the award in ID.No.660 of 2004 been fully complied with following the University's orders of 21.12.2022 and 16.03.2023?
1 provisions across 1 enactments
The Registrar, Periyar University, Salem
C.Deivarani
V.Lakshminarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
