Disposed¶34

The Management of v. The Presiding Officer

Madras HC5 Mar 2025WP/21353/2014

Case brief

AI extract

What is this about?

Hotel Chola Sheraton Chennai; writ of certiorari Article 226; Labour Court award dated 08.01.2014; I.D.No. 518 of 1992; s.2A(2) Industrial Disputes Act 1947; reinstatement; 50% back wages continuity of service attendant benefits; workman A.George impleaded 21.09.2021 WMP 6538/2020; amicable settlement during pendency; Rs.5,00,000 compensation in full quit plus terminal benefits; four weeks; disposed no costs; M. Dhandapani J.; Madras High Court 05.03.2025.

What did the court decide?

Writ petition disposed of on the basis of settlement: management directed to pay Rs.5,00,000/- as compensation in full quit apart from terminal benefits within four weeks; no costs; connected miscellaneous petition closed ¶34

The Management of Vs The Presiding Officer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Labour Court award dated 08.01.2014 in I.D.No. 518 of 1992 (directing payment of 50% back wages with continuity of service and attendant benefits) is liable to be quashed by writ of certiorari under Article 226

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Court's answer

In view of the parties' amicable settlement and the management's fair submission, the Court directed the petitioner-management to pay Rs.5,00,000/- as compensation in full quit apart from terminal benefits to the workmen, if not already paid, within four weeks from receipt of a copy of the order

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Ratio / Principle

With the above direction and observation, the writ petition was disposed of with no costs, and the connected miscellaneous petition was closed; the merits of the challenge to the award were not adjudicated

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Detailed headnote1 paragraphs

Madras High Court (M. Dhandapani, J.), W.P.No.21353 of 2014, decided 05.03.2025 — The Management of Hotel Chola Sheraton challenged, under Article 226 of the Constitution of India, the award dated 08.01.2014 of the Principal Labour Court, Chennai in I.D.No. 518 of 1992 (a s.2A(2) Industrial Disputes Act, 1947 dispute raised by A.George seeking reinstatement with full back wages), whereby the management was directed to pay 50% back wages with continuity of service and attendant benefits. During pendency, the parties amicably settled and the management offered Rs.5,00,000/- in full quit apart from terminal benefits. Recording the settlement, the Court directed the management to pay Rs.5,00,000/- as compensation in full quit apart from terminal benefits, if not already paid, within four weeks, and disposed of the writ petition with no costs, closing the connected miscellaneous petition. No adjudication on the merits of the award.

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W.P.No.21353 of 2014

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 05.03.2025

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CORAM :

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THE HONOURABLE MR. JUSTICE M. DHANDAPANI

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W.P.No.21353 of 2014 and

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W.M.P. No. 1 of 2014

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The Management of Hotel Chola Sheraton No.10, Cathdral Road, Chennai-60008

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... Petitioner

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Vs.

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The Presiding Officer Principal Labour Court High Court Campus Chennai- 600 001.

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The Workmen of Hotel Chola Sheraton, rep by the Secretar, Chola Hotel, I.T.C. Ltd., Employees' union Chennai Palacc Lodge Z-25, Pallakkumanagar Chennai 600 004.

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A.George

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(Impleaded vide order dated 21.09.2021 made in WMP 6538/2020 in W.P.No. 21353/2014)

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... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the records

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Page No.1 of 5

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

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W.P.No.21353 of 2014

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connected with I.D.No. 518 of 1992 on the file of the 1 st Respondent and to quash the award dated 08.01.2014 passed by the 1 st respondent and pass orders.

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For Petitioner : Mr.Sanjay Mohan for M/s.S.Ramasubramaniam

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For Respondents : Court – R1

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Mr. T.Ram Kumar -R2 & R3 *****

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ORDER

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This Writ Petition has been filed to call for the records connected

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with I.D.No. 518 of 1992 on the file of the 1 st Respondent and to quash the award dated 08.01.2014 passed by the 1 st respondent and pass orders.

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Seeking to reinstate the third respondent with full back wages, raised an industrial dispute u/s.2A(2) of the Industrial Dispute Act, 1947 before the Labour Cout and the Labour Court vide order dated 08.01.2014, has directed the management to pay 50% backwages with continuity of service and all other attendant benefits. Challenging the same, the present writ petition has been filed by the petitioner / management.

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When the matter is taken up for hearing the learned counsel

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Page No.2 of 5

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

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W.P.No.21353 of 2014

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for the petitioner / management and the learned counsel for the repondents 2 and 3 submitted that during the pendency of this writ petition the matter was amicably settled between the parties and petitioner is ready to pay a sum of Rs.5,00,000/- in full quit apart from terminal benefits if not already paid by way of demand draft in favour of the workman within the time frame that may be stipulated by this Court.

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4 . In view of the fair submission made by the learned counsel for the petitioner / management, this Court directs the petitioner management to pay a sum of Rs.5,00,000/- as compensation in full quit apart from terminal benefits to the workmen, if not already paid within a period of four (4) weeks from the date of receipt of a copy of this order.

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