The Managing Director, Vs Mr. D.Alwin Maria Susai — Writ and Judicial Review | Madras HC (2025)

The Managing Director, Vs Mr. D.Alwin Maria Susai — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: petitioner to withdraw the criminal defamation proceedings in C.C.No.86 of 2007 and the suit in O.S.No.173 of 2006 against the first respondent, and to pay Rs.5,00,000/- to the first respondent as full quit; first respondent not entitled to any other benefits; no costs; connected miscellaneous petition closed. The certiorari prayer to quash the Labour Court award was not carried through as such.

Issue for consideration

Whether the award dated 18.01.2013 made in ID No.22 of 2007 by the Labour Court, Puducherry, directing reinstatement of the first respondent, should be called for and quashed in exercise of the certiorari jurisdiction under Article 226 of the Constitution of India.

Court's answer

This Court held that the interest of justice would be sub-served if the petitioner is directed to pay Rs.5,00,000/- to the first respondent in full quit.

Ratio / Principle

The petitioner is directed to withdraw both the criminal defamation proceedings taken on file in C.C.No.86 of 2007 and the suit filed against the first respondent pending in O.S.No.173 of 2006.

Key takeaways

The sum of Rs.5,00,000/- is granted as full quit; the first respondent will not be entitled to any other benefits; no costs awarded; consequently, the connected miscellaneous petition is closed.ratio¶¶55
In the result, the writ petition is disposed of with the above directions rather than being decided on merits.ratio¶¶47

Detailed headnote1 paragraphs

Madras High Court (M. Dhandapani J.), WP No. 20812 of 2013, decided 02-04-2025: Writ petition under Article 226 by the management (Chemfab Alkalis Ltd.) seeking certiorari to quash the award dated 18.01.2013 of the Labour Court, Puducherry in I.D.No.22 of 2007, which had set aside the dismissal of a workman (following a domestic enquiry into alleged misbehaviour with superior officers) and directed reinstatement while denying backwages. At hearing the management declined to reinstate, offered Rs.5 lakhs as full quit, and abandoned its criminal defamation proceedings (C.C.No.86 of 2007) and civil suit (O.S.No.173 of 2006) against the workman. The Court disposed of the petition directing withdrawal of those proceedings and payment of Rs.5,00,000/- to the workman as full quit, with no entitlement to any other benefits, no costs, and closure of the connected miscellaneous petition.

1 WP No. 20812 of 2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-04-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI

WP No. 20812 of 2013 and

M.P.No.1 of 2013

The Managing Director, Chemfab Alkalis Ltd., Gnanananda Place, Kalapet, Puducherry-605104.

Petitioner(s)

Vs

Mr. D.Alwin Maria Susai, S/o.A.Dhanaraj, No.2, 7th Cross Street, Sakthi Nagar, Saram, Puducherry605103.

2.The Presiding Officer, Labour Court, Puducherry.

Respondent(s)

PRAYER

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records connected with the award dated 18.01.2013 made in ID No.22 of 2007 on the file of the 2nd Respondent, Labour Court, Puducherry and quash the same.

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

2 WP No. 20812 of 2013

For Petitioner(s): Mr. S.Sai Prasad For M/s. Sai Raaj Associates For Respondent(s): R1- No Appearance R2 - Court

ORDER

Aggrieved by the award passed by the second respondent Labour Court in

I.D.No.22 of 2007 dated 18.01.2013, directing reinstatement of the first

respondent into service, the present writ petition has been filed.

Alleging that the first respondent was indulged in misbehaviour with

the superior officers, charges were framed against him which resulted in

domestic enquiry and ultimately, dismissal of second respondent from service.

It is also alleged that the second respondent had made false complaint,

joining hands with the certain other workmen, to various statutory authorities

like Pollution Control Board, Ground Water Authority etc., making false and malicious allegations against the petitioner. The petitioner on its part, had preferred a Criminal defamation proceedings and it also instituted a suit against

the first respondent.

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WP No. 20812 of 2013

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The Labour Court on an analysis of the entire materials placed before it

had set aside the order of dismissal from service and directed the petitioner to

reinstate the first respondent into service. However, backwages was denied. Challenging the same, the present writ petition has been filed by the management.

When the matter was taken up for hearing learned counsel for the

petitioner submitted that the petitioner is not inclined to proceed with the Criminal defamation proceedings lodged against the first respondent ; so also

the suit filed.

The petitioner, given the nature of disputes between the parties, is not

inclined to take back the first respondent into service on the other hand, the

petitioner made an offer at Rs.5 lakhs as full quit to the first respondent.

Considering the above, this Court is of the view that interest of justice

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

4 WP No. 20812 of 2013

would be sub-served if the petitioner is directed to pay Rs.5,00,000/- to the first

respondent in full quit.

In the result the writ petition is disposed of with the following

directions.

(i) The petitioner is directed to withdraw both the criminal defamation

proceedings which was taken on the file in C.C.No.86 of 2007 and also the suit

filed against the first respondent pending in O.S.No.173 of 2006.

(ii) The petitioner is directed to pay a sum of Rs.5,00,000/- (Rupees

Lakhs Only) to the first respondent.

(iii) The said sum is granted as full quit and the first respondent will not

be entitled for any other benefits. No costs. Consequently, connected miscellaneous petition is closed.

02-04-2025

RAP

Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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

WP No. 20812 of 2013

5

To

The Presiding Officer, Labour Court, Puducherry.

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WP No. 20812 of 2013

6

M.DHANDAPANI J.

RAP

WP No. 20812 of 2013

02-04-2025

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