R.Appusamy Vs The Management — Writ and Judicial Review | Madras HC (2025)

R.Appusamy Vs The Management — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petitions disposed of by consent; respondents directed to pay Rs.1,00,000/- each as exgracia amount in full quit to the petitioners/workmen within four weeks, over and above the gratuity amounts already paid (Rs.3,58,910/-, Rs.3,35,989/- and Rs.3,36,793/- vide cheques dated 29.04.2022); no costs; order declared non-citable as precedent by similarly situated workmen.

Issue for consideration

Whether the awards dated 21.02.2019 of the Principal Labour Court, Coimbatore dismissing the workmen's industrial disputes (concerning transfer to the 2nd respondent company, refusal of employment, alleged forced resignations and non-payment of gratuity and provident fund) are liable to be quashed and the petitioners entitled to full service benefits (Gratuity, P.F.) and back wages.

Court's answer

Since the issues involved in the three writ petitions were one and the same, and with the consent of learned counsel on both sides, the Court disposed of the petitions by way of a common order.

Ratio / Principle

In view of the mutual consent expressed by learned counsel, the respondents are directed to pay a sum of Rs.1,00,000/- each (Rupees One Lakh only) as exgracia amount, in full quit, to the petitioners/workmen, within a period of four (4) weeks from the date of receipt of a copy of the order.

Key takeaways

The writ petitions stand disposed of with no costs, and it is made clear that the present order passed by the Court may not be cited as precedent by other similarly situated workmen.ratio¶41

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT MADRAS (M. Dhandapani, J.) — Common Order dated 01.04.2025 in W.P.Nos.22851, 22854 & 23368 of 2019 (under Article 226 of the Constitution of India, for Certiorarified Mandamus). Three workmen (R.Appusamy, M.Moorthy and K.Boopathy) of the 1st respondent management (M/s.V.R.Foundries V.R. Finishers) challenged, inter alia, the awards dated 21.02.2019 of the Principal Labour Court, Coimbatore in I.D.Nos.73, 76 & 75 of 2015 dismissing their industrial disputes arising out of a notice transferring them and other workmen to the 2nd respondent (M/s.Ranba Castings), subsequent refusal of employment without reason or prior notice, alleged forced resignations, and non-payment of gratuity and provident fund; the writ petitions sought quashing of the awards and full service benefits (Gratuity, P.F.) and back wages up to superannuation. During pendency, the respondents paid gratuity of Rs.3,58,910/-, Rs.3,35,989/- and Rs.3,36,793/- vide Cheques Nos.885049, 885048 and 885047 dated 29.04.2022, and further offered Rs.1,00,000/- each as exgracia; petitioners' counsel accepted the offer. On such consent, the Court directed payment of Rs.1,00,000/- each as exgracia amount, in full quit, within four weeks from receipt of a copy of the order, and disposed of the writ petitions, with no costs, expressly clarifying that the order may not be cited as precedent by other similarly situated workmen. No precedent cases were cited or considered; the matter was resolved on consent, not on adjudicated merits.

W.P.Nos.22851, 22854 & 23368 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2025

CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI

W.P.Nos.22851, 22854 & 23368 of 2019

1.R.Appusamy ... Petitioner in W.P.No.22851 of 2019 2.M.Moorthy ... Petitioner in W.P.No.22854 of 2019 3.K.Boopathy ... Petitioner in W.P.No.23368 of 2019

Vs.

1.The Management, M/s.V.R.Foundries V.R. Finishers, Door No.83/C P.K.D. Nagar, Peelamedu, Coimbatore – 641 004.

2.The Management, M/s.Ranba Castings, 495/A. 496/3m, Sulur Railway Feeder Road, Muthugoundenpudur Post, Coimbatore – 641 406. ... Respondents in all WPs

Prayer in W.P.No.22851 of 2019 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records with respect to the entire proceedings in I.D.No.73 of 2015 on the file of the Principal Labour Court, Coimbatore and quash the award dated 21.02.2019 and consequently direct the 1^st respondent to provide the full service benefits, i.e. Gratuity, P.F., and other service benefits from 07.08.1979 to 06.08.2017 and back wages for the period from 14.03.2015 to 06.08.2017 with all other attendant benefits, as the petitioner attained his superannuation on 06.08.2017.

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W.P.Nos.22851, 22854 & 23368 of 2019

Prayer in W.P.No.22854 of 2019 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records with respect to the entire proceedings in I.D.No.76 of 2015 on the file of the Principal Labour Court, Coimbatore and quash the award dated 21.02.2019 and consequently direct the 1^st respondent to provide the full service benefits, i.e. Gratuity, P.F., and other service benefits from 01.01.1980 to 27.01.2018 and back wages for the period from 14.03.2015 to 27.01.2018 with all other attendant benefits, as the petitioner attained his superannuation on 27.01.2018.

Prayer in W.P.No.23368 of 2019 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records with respect to the entire proceedings in I.D.No.75 of 2015 on the file of the Principal Labour Court, Coimbatore and quash the award dated 21.02.2019 and consequently direct the 1^st respondent to provide the full service benefits, i.e. Gratuity, P.F., and other service benefits from 24.08.1980 to 03.05.2018 and back wages for the period from 14.03.2015 to 03.05.2018 with all other attendant benefits, as the petitioner attained his superannuation on 03.05.2018.

For Petitioner : Mr.V.Sivakumar (in all WPs) For Respondents : Mr.S.Ravindran (in all WPs) Senior Counsel Assisted by Mr.S.Bazeer Ahamed *****

COMMON ORDER

Since the issue involved in these writ petitions are one and the

same, with the consent of the learned counsel appearing for the parties, these writ petitions are disposed of by way of this common order.

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W.P.Nos.22851, 22854 & 23368 of 2019

2. The petitioners are employed under the 1 st respondent. Whileso,

the 1 st respondent had issued a notice transferring the petitioners herein and some other workmen to the 2 nd respondent company. When the petitioners questioned the 1 st respondent about the same, they were told that the 1 st respondent had affixed the notice in the notice board only after consultation with the union and asked them to approach the union. Thereafter, the 1 st respondent without stating any reason and prior notice had refused employment. Some of the workmen being threatened by the respondent, had submitted their resignation letters forcefully and the respondents have not paid the gratuity and provident fund to them. Therefore, the petitioners have raised the respective industrial disputes before the labour court, however, the said disputes were dismissed by the labour court vide impugned orders. Challenging the same, the present writ petitions have been filed by the petitioners/workmen.

3. When these matters are taken up for hearing today, learned Senior Counsel appearing for the respondents submitted that during the pendency of these writ petitions, the petitioners were paid with gratuity amount to the tune of Rs.3,58,910/- vide Cheque No.885049 dated Page No.3 of 6

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W.P.Nos.22851, 22854 & 23368 of 2019

29.04.2022, Rs.3,35,989/- vide Cheque No.885048 dated 29.04.2022 and Rs.3,36,793/- vide cheque No.885047 dated 29.04.2022 respectively.

Apart from the said gratuity amount, the respondents are ready to pay a sum of Rs.1,00,000/- each as exgracia to the petitioners, within a reasonable time that may be fixed by this Court.

4. Learned counsel appearing for the petitioners, on instructions, submitted that the petitioners are ready to accept the offer made by the respondents-management.

5. In view of the consent view expressed by the learned counsel

appearing for the parties, this Court is inclined to dispose of these writ

petitions in the following terms :-

(i) the respondents are directed to pay a sum of Rs.1,00,000/- each (Rupees One Lakh only), as

exgracia amount, in full quit, to the petitioners/workmen, within a period of four (4) weeks from the date of receipt of a copy of this order.

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W.P.Nos.22851, 22854 & 23368 of 2019

6. Accordingly, these Writ Petitions are disposed of. It is made

clear that the present order passed by this Court may not be cited as precedent by the other similarly situated workmen. No costs.

01.04.2025

Index : Yes / No Speaking order / Non-speaking order Neutral Citation Case : Yes / No sp To

The Principal Labour Court, Coimbatore.

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W.P.Nos.22851, 22854 & 23368 of 2019

M.DHANDAPANI, J.

sp

W.P.Nos.22851, 22854 & 23368 of 2019

01.04.2025

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