The Chief Executive Officer, v. M.Jose

Madras HC15 Apr 2025WP/28772/2019

Case brief

AI extract

What is this about?

Bajaj Allianz Life Insurance; M.Jose; Madras High Court; WP 28772 of 2019; WMP 28516 of 2019; certiorari under Article 226; Central Govt. Industrial Tribunal cum Labour Court Chennai; ID No. 111 of 2015; award dated 28.10.2016 notified 24.01.2017; reinstatement with 50% backwages and attendant benefits; supervisory category; 'workman' definition Section 2(s) ID Act; settlement during pendency; full quit; Rs.4,00,000/- compensation in lieu of reinstatement and backwages; award modified; writ petition disposed; no costs; connected miscellaneous petition closed.

What did the court decide?

Tribunal's award modified: petitioner directed to pay Rs.4,00,000/- to the respondent within four weeks from receipt of a copy of the order, instead of reinstatement and backwages; writ petition disposed of with no costs; connected miscellaneous petition closed.

The Chief Executive Officer, Vs M.Jose — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondent, said to fall under the Supervisory category, is outside the purview of the term 'workman' under Section 2(s) of the ID Act, rendering the Tribunal's award of reinstatement with 50% backwages unsustainable (ground urged by the petitioners; not adjudicated, the matter having been settled). +1 more

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Ratio / Principle

In view of the settlement between the parties, the award passed by the Tribunal is modified with a direction to the petitioner to pay a sum of Rs.4,00,000/- to the respondent within a period of four weeks from the date of receipt of a copy of the order, instead of reinstatement and backwages.

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Key takeaways

With the above direction, the writ petition is disposed of with no costs, and consequently the connected miscellaneous petition (WMP No. 28516 of 2019) is closed.ratio¶¶30

Detailed headnote1 paragraphs

Madras High Court (M.Dhandapani J.), disposing of WP No. 28772 of 2019 filed by Bajaj Allianz Life Insurance Co. Ltd. officials under Article 226 seeking certiorari to quash the award dated 28.10.2016 in ID No. 111 of 2015 (notified on 24.01.2017) of the Central Govt. Industrial Tribunal Cum Labour Court, Chennai, which had directed reinstatement of the respondent workman with 50% backwages and attendant benefits, the petitioners contending he was supervisory and not a 'workman' under Section 2(s) of the ID Act. The workman-status objection was not adjudicated: during pendency the parties settled, the management offering Rs.4,00,000/- as full quit and the respondent agreeing to accept it. The Court modified the Tribunal's award, directing payment of Rs.4,00,000/- within four weeks instead of reinstatement and backwages, disposed of the writ petition with no costs, and closed the connected miscellaneous petition (WMP No. 28516 of 2019).

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WP No. 28772 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 15-04-2025

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CORAM

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THE HONOURABLE MR JUSTICE M.DHANDAPANI

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WP No. 28772 of 2019 AND WMP NO. 28516 OF 2019

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The Chief Executive Officer,

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M/s. Bajaj Allianz Life Insurance Co. Ltd., GE Plaza, Airport Road, Yerawada, Pune - 411006, Rep. by Chief Branch Manager Mr. Uma Sathish Kanth, No. 497 and 498, 4th Floor, Poonamallee High Road, Arumbakkam, Opp. to Madras Medical Council, Chennai - 600106 Chennai

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2. The Branch Manager,

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M/s. Bajaj Allianz Life Insurance Co. Ltd., Celin Arcade, Distillery Road (No. 26 SBI Road), Vadasery, Nagercoil - 629001

Petitioner(s)

1. M.Jose,

S/o. M. Maria Louis, 74/ 224, St. Mary Street, Ramanputhoor, Nagercoil - 629004Nagapattinam

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Respondent(s)

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

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WP No. 28772 of 2019

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PRAYER: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, Calling for the records resulting in the impugned Award dated 28.10.2016 in ID No. 111 of 2015 notified on 24.01.2017 passed by Government of India Ministry of Labour and Employment, Central Govt. Industrial Tribunal Cum Labour Court at Chennai and quash the same.

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For Petitioner(s): MR. S.R. RAJAGOPALAN SR. COUNSEL FOR S.NAMASIVAYAM For Respondent(s): M/S. S.CHELLA ARUMUGAM, FOR R1

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ORDER

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This petition is filed against the award passed by the Industrial Tribunal cum Labour Court at Chennai Government of India, Ministry of Labour, dated 28.10.2016 Employment Central Government ID No.111 of 2015 notified on 24.01.2017. The Presiding Officer, without going into the merits of the statement and facts has ignored that the respondent falls under the Supervisory category and does not fall under the purview of the term ''workman'' as under Section 2(s) of the ID Act and directed the petitioner herein to reinstate the respondent in service within two months of the publication of the award with 50% backwages and all attendant benefits.

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Heard the learned counsel for the petitioners as well as respondents and

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

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WP No. 28772 of 2019

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perused the materials available on record.

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The learned counsel for the petitioners submitted that during pendency

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of the writ petition, the matter was settled between the parties. The petitioner management is ready to pay a sum of Rs.4,00,000/- as full quit to the respondent. The respondent is also agreed to receive the said amount.

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In view of the above, the award passed by the Tribunal is modified

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with a direction to the petitioner to pay a sum of Rs.4,00,000/- to the respondent within a period of four weeks from the date of receipt of a copy of this order instead of reinstatement and backwages.

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