The High Court dismissed a writ petition challenging an Industrial Court award that granted reinstatement with backwages to a workman terminated without due procedure. The Court found no domestic enquiry was conducted and rejected the management's unsubstantiated claim that the workman refused reinstatement, thereby upholding the 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.26416 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.09.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.No.26416 of 2024 and W.M.P.No.28870 of 2024
The Management, Rep by its Chief Executive Officer, Roots Polycraft, 5/387, Krishnamasy Gounder Thottam, Pannimadai, Coimbatore 641 017.
... Petitioner
Vs.
R.Mandhiri
... Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned award dated 18.03.2024 made in I.D.No.55 of 2022 on the file of the learned Additional Labour Court, Coimbatore and quash the same.
For Petitioner : Ms. Mahasree Thangaraj for Mr.G.Raja
ORDER
This Writ Petition has been filed to issue a Writ of Certiorari, to call
for the records pertaining to the impugned award dated 18.03.2024 made
in I.D.No.55 of 2022 on the file of the learned Additional Labour Court, Page No.1 of 6
W.P.No.26416 of 2024
Coimbatore and quash the same.
2. Heard Ms. Mahasree Thangaraj, learned counsel for the petitioner and perused the materials available on record.
3. In the industrial dispute raised by the respondent workman claiming that he has been terminated without following the due procedure, the Labour Court has passed an award for reinstatement along with backwages. Now the petitioner Management has filed this Writ Petition challenging the above award on the ground that the Labour Court has not considered the willful absence of the petitioner and he has not been terminated as claimed by him.
4. It is seen from the records that all along the Management was making a plea that there is no hurdles in allowing the respondent to continue to work. However, the words were not put into action and the learned Presiding Officer has appreciated the materials on record to show that every time the respondent insisted for reinstatement, that has not been granted by the petitioner Management.
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W.P.No.26416 of 2024
5. Admittedly, no domestic enquiry has been conducted. Though
6. The learned Presiding Officer has dealt the above point by observing that no Management would allow the employee who was kept under suspension to come and join duty without revoking the suspension. In fact the petitioner has alleged that the respondent was in the habit of picking up quarrel at the gate and a criminal complaint has also been lodged and a case has been registered in CSR.No.3 of 2021.
7. Without considering all these extraneous reasons, the petitioner
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W.P.No.26416 of 2024
8. In fact the categorical observation of the Presiding Officer of the
Labour Court is that the respondent has been repeatedly visiting the Company only for seeking reinstatement. But the same has not been considered. Since the allegations against the workman were not proved and that the termination was also not done by following the due procedure and there is no domestic enquiry notice has been issued to the respondent informing the domestic enquiry, the Presiding Officer has rightly allowed the industrial dispute and passed orders for reinstatement along with backwages. Hence, I find no reason to interfere with the award passed by the Additional Labour Court, Coimbatore.
9. Hence, this Writ Petition is dismissed. No costs. Consequently,
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W.P.No.26416 of 2024
connected miscellaneous petition is closed.
Index : Yes /No Speaking / Non-speaking Neutral Citation : Yes / No gsk To The Additional Labour Court, Coimbatore.
12.09.2024
Page No.5 of 6
W.P.No.26416 of 2024
R.N.MANJULA, J.
gsk
W.P.No.26416 of 2024 and W.M.P.No.28870 of 2024
12.09.2024
Page No.6 of 6
2 issues framed by the court
Whether the termination was made without following due procedure and without conducting a domestic enquiry?
Whether the management's claim of willful absence and standing offer to reinstate was proved?
The Management, Rep by its Chief Executive Officer, Roots Polycraft
R.Mandhiri
R.N.MANJULA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
