Writ petitions challenging Labour Court awards regarding reinstatement and payment of back wages were dismissed as the calculations were based on a pre-existing right established in an earlier award.
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.No.1972 of 2024 & W.P.No.19107 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.09.2024
CORAM
THE HON'BLE MS. JUSTICE R.N.MANJULA
W.P.No.1972 of 2024 & W.P.No.19107 of 2020
and
W.M.P.No.2089 of 2024 & W.M.P.No.23679 of 2020
The Divisional Engineer, Highways Department, Sugarcane Development Projects, Beach Road, Cuddalore – 607 001.
... Petitioner in both W.Ps
Vs.
PRAYER in W.P.No.1972 of 2024: The Writ Petition filed under Article 226 of the Constitution of India, praying to issue the Writ of Certiorarified Mandamus, to call for the records of the second respondent in C.P.No.53 of 2012 dated 13.07.2023 to quash the same as illegal, arbitrary and non-est in the law.
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W.P.No.1972 of 2024 & W.P.No.19107 of 2020
PRAYER in W.P.No.19107 of 2020: The Writ Petition filed under Article 226 of the Constitution of India, praying to issue the Writ of Certiorarified Mandamus, calling for the records relating to the order dated 18.11.2019 made in C.P.No.41 of 2014 on the file of the Labour Court, Cuddalore to quash the same.
For Petitioner : M/s.M.Jayanthy, AGP For R1 : No appearance R2 : Labour Court
O R D E R
The petitioner-Highways Department has filed these writ petitions
challenging the orders of the Labour Court, Cuddalore made in C.P.No.41 of 2014 dated 18.11.2019 and C.P.No.53 of 2012 dated 13.07.2023.
2. The first respondent/workman had already raised an Industrial Dispute in I.D.No.592 of 1992 on the file of the Labour Court, Cuddalore and he has also got an Award directing the petitioner to reinstate the first respondent and to pay 50% of back wages. Consequently, the first respondent has filed C.P.No.41 of 2014 on the file of the Labour Court, Cuddalore and an Award has also been passed in
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W.P.No.1972 of 2024 & W.P.No.19107 of 2020
his favour by computing the dues payable to the respondent-workman at Rs.1,40,010/-. Challenging the same, writ petitioner has filed W.P.No.19107 of 2020 and another writ petition in W.P.No.1972 of 2024 has been filed challenging the order passed by the second respondent in C.P.No.53 of 2012 dated 13.07.2023.
of 1999 against the order of the second respondent dated 12.05.1998 in I.D.No.592 of 1992. This Court vide order dated 08.02.2006 dismissed the said writ petition.
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W.P.No.1972 of 2024 & W.P.No.19107 of 2020
05.09.2024
mfa
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W.P.No.1972 of 2024 & W.P.No.19107 of 2020
R.N.MANJULA , J
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W.P.No.1972 of 2024 & W.P.No.19107 of 2020 and W.M.P.No.2089 of 2024 & W.M.P.No.23679 of 2020
05.09.2024
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1 issue framed by the court
Whether the Labour Court's awards reinforcing reinstatement and computing back wages were illegal or arbitrary?
1 provisions across 1 enactments
The Divisional Engineer, Highways Department, Sugarcane Development Projects
P.Durai
The Presiding Officer, Labour Court, Cuddalore
R.N.MANJULA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
