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A.Malathi v. The Managing Director

Madras HC7 Apr 2025WP/20738/2019

Case brief

AI extract

What is this about?

Madras High Court writ petition; Article 226; Writ of Certiorarified Mandamus; Industrial Tribunal cum Labour Court, Puducherry; I.D.(L) No. 17 of 2016; proceedings dated 06.02.2019; reinstatement with denial of back wages; non-joining of duty by workman; petitioner directed to report duty within two weeks; award to become infructuous on failure to join; A. Malathi v. Managing Director, M/s. E-Quire Technologies Pvt. Ltd.; disposed of with no costs; back wages and compensation not granted; Justice M. Dhandapani; decision dated 07.04.2025.

What did the court decide?

Direction to the petitioner to report for duty within two weeks of receipt of the order, on the basis of the reinstatement award; writ petition disposed of with no costs; the prayer for back wages and compensation was not granted. ¶26

A.Malathi Vs The Managing Director — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceedings dated 06.02.2019 of the Industrial Tribunal cum Labour Court, Puducherry in I.D.(L) No. 17 of 2016 rejecting the petitioner's claim for back wages should be quashed, and the respondent directed to pay back wages and compensation. +1 more

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Court's answer

The writ petition was disposed of with no costs awarded.

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Ratio / Principle

The petitioner was directed to report for duty within a period of two weeks from the date of receipt of a copy of the order, on the basis of the order for reinstatement.

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Key takeaways

If the petitioner failed to report duty within the stipulated period, the impugned award would become infructuous, since the petitioner was not ready to join duty.ratio¶25

Detailed headnote1 paragraphs

High Court of Judicature at Madras (M. Dhandapani, J.), W.P. No. 20738 of 2019, decided 07.04.2025: The petitioner sought a writ of Certiorarified Mandamus under Article 226 to quash the proceedings dated 06.02.2019 of the Industrial Tribunal cum Labour Court, Puducherry in I.D.(L) No. 17 of 2016 insofar as they rejected her claim for back wages, and to direct payment of back wages and compensation by the respondent employer, M/s. E-Quire Technologies Pvt. Ltd. Counsel for the petitioner pointed out that the Labour Court had ordered reinstatement while denying back wages, yet the petitioner had not been reinstated; counsel for the respondent stated that the petitioner had not joined duty despite requests and would be permitted to join if she reported. The Court directed the petitioner to report for duty within two weeks of receipt of the order on the strength of the reinstatement award, failing which the impugned award would become infructuous as the petitioner was not ready to join duty, and disposed of the writ petition imposing no costs, the claim for back wages and compensation not having been granted.

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W.P.No.20738 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.04.2025

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CORAM

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THE HONOURABLE MR.JUSTICE M.DHANDAPANI

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W.P.No.20738 of 2019

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A.Malathi ... Petitioner

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Vs.

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The Managing Director, M/s.E-Quire Technologies Pvt. Ltd., 78, Second Cross, Sithananda Nagar, Puducherry – 605 005. ... Respondent

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Prayer:

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Petition filed under Article 226 of the Constitution of India to

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issue a Writ of Certiorarified Mandamus calling for the records of the Industrial Tribunal cum Labour Court, Puducherry pertaining to its proceedings dated 06.02.2019 made in I.D.(L) No.17 of 2016 and quash the same in so far as rejection of the claim for back wages is concerned and consequently direct the respondent to pay the back wages and compensation to the petitioner.

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For Petitioner : Mr.K.S.Karthik Raja For Respondent : Mr.V.P.Chamuraj

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

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W.P.No.20738 of 2019

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O R D E R

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The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus calling for the records of the Industrial Tribunal cum Labour Court, Puducherry pertaining to its proceedings dated 06.02.2019 made in I.D.(L) No.17 of 2016 and quash the same in so far as rejection of the claim for back wages is concerned and consequently direct the respondent to pay the back wages and compensation to the petitioner.

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2.The learned counsel appearing for the petitioner submitted that the petitioner raised industrial dispute challenging the order of dismissal and the Labour Court directed the respondent to reinstate the petitioner and denied backwages, however, the petitioner has not yet been reinstated.

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3.The learned counsel appearing for the respondent submitted that despite the request made by the respondent, the petitioner has not joined duty and further submitted that if the petitioner reports duty, she will be allowed to join duty.

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

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W.P.No.20738 of 2019

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4.In view of the above, the petitioner is directed to report duty,

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within a period of two weeks from the date of receipt of a copy of this order on the basis of the order for reinstatement. If the petitioner fails to report duty within the stipulated period, the impugned award becomes infructuous since the petitioner is not ready to join duty.

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