The Management Vs S.Subramanian

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WP No. 15674 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 27-04-2026

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CORAM

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THE HON'BLE MR.JUSTICE T. VINOD KUMAR

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W.P No. 15674 of 2022

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The Management S.1523, Dr. Ambedkar Salem City, Co-operative House Building Society Ltd., Rep. by its President, No.9, Paul Pillai Street, Fort, Salem 636 001

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..Petitioner

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Vs

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S.Subramanian S/o. Sundaram, Plot No.23, Abirami Garden, Chinnathirupathi, Salem 636 008

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..Respondent

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For Petitioner: Mr.M.S.Palaniswamy For Respondent: Mr. S. Umapathy

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ORDER

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The Presiding Officer, Labour Court, Salem by letter dated 02.04.2026 had sought for extension of time to dispose of the I.D.No.141 of 2009 which was remitted back to the concerned Presiding Officer by this Court vide order dated 17.07.2025 in W.P.No.15674 of 2022.

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This Court while remitting the matter to the Presiding Officer, further

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directed the Presiding Officer to expedite the adjudication of the dispute at the earliest possible preferably within a period of six(6) months.

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

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WP No. 15674 of 2022

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The Presiding Officer by letter dated 02.04.2026 enclosing therewith the details as to how he had dealt with the matter after being remitted back by this Court, stated that the Management did not file the Enquiry Report in complete, at the first instance and it is for the said reason, there has been delay in the progress of the case.

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By stating as above, the learned Presiding Officer of the Labour Court, sought for 3 months extension of time to dispose of the I.D.No.141 of 2009.

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It is to be noted that aggrieved by the order dated 15.02.2010 in I.D.No.141 of 2009 the Management had approached this Court by filing the writ petition in W.P.No.15674 of 2022, claiming the same as an exparte order and the Management did not have the opportunity to adduce the evidence.

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This Court considering the aforesaid submission made by the petitioner/Management in the writ petition had set aside the order dated 15.02.2010 in I.D.No.141 of 2009 with the direction as noted herein above. The Management after getting the matter remitted by this Court cannot seek to delay/drag the matter by not submitting the relevant documents like bye-laws, complete Enquiry Report along with the counter affidavit, for which, the Presiding Officer was required to grant time in order to conduct the proceedings in a fair manner.

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

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WP No. 15674 of 2022

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The respondent Management having assailed the order in I.D.No.141

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of 2009 dated 15.02.2010 before this Court on the ground of not being provided with the sufficient opportunity cannot seek to delay the proceedings further after this Court having granted them opportunity. Thus, considering the request made by the Presiding Officer for granting three(3) more months, this Court is of the view that the said request made by the Presiding Officer can be acceded to.

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However, it is made clear that in the event of management/respondent

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in I.D.No.141 of 2009 seeking to delay the process by taking unnecessary adjournments or not filing any documents which they intended to rely upon to substantiate their claim, the Presiding Officer is at liberty to forfeit their right and proceed to adjudicate the I.D.No.141 of 2009 within a further time of three(3) months as granted by this Court, from today.

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