The Secretary, Vs the Management of — Writ and Judicial Review | Madras HC (2025)

The Secretary, Vs the Management of — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Both writ petitions disposed of in terms of the Joint Memorandum of Compromise dated 01.07.2025; the Joint Memorandum of Compromise dated 01.07.2025 and the Section 18(1) settlement form part of the order; no order as to costs; connected miscellaneous petitions (WMP.Nos.8386 and 8387 of 2024 and W.M.P.No.8820 of 2023) closed. Neither the Award dated 22.01.2024 nor the order dated 21.02.2023 was adjudicated upon on merits.

Issue for consideration

In W.P.No.7486 of 2024: whether the Award dated 22.01.2024 passed by the Learned Industrial Tribunal in O.P.No.06/2022 should be quashed and the respondent directed to grant all benefits arising out of the charter of demand submitted by the petitioner union. +1 more

Ratio / Principle

On the parties entering into a settlement under Section 18(1) of the Industrial Disputes Act, 1947 read with Rule 25 of the Tamil Nadu Industrial Dispute Rules, 1958, and on the joint Memorandum of compromise dated 01.01.2025 enclosing the 18(1) settlement being taken on file, the writ petitions are disposed of in terms of the Joint Memorandum Compromise dated 01.07.2025.

Key takeaways

The Joint Memorandum of Compromise dated 01.07.2025 and the 18(1) settlement shall form part of the order; there shall be no order as to costs; and the connected miscellaneous petitions are closed.ratio¶35

Detailed headnote1 paragraphs

Madras High Court (Hon'ble Ms. Justice P.T. Asha), common order dated 02.07.2025 in W.P.Nos.7486 of 2024 and 8643 of 2023 — cross writ petitions between the Secretary, Maiva Pharmatech Thozhilalar Sangam and the Management of Maiva Pharmatech Private Limited, Hosur. W.P.No.7486 of 2024 (by the union) sought a certiorarified mandamus to quash the Award dated 22.01.2024 of the Industrial Tribunal in O.P.No.06/2022 and to obtain benefits arising out of the charter of demands; W.P.No.8643 of 2023 (by the management) sought certiorari to quash the order dated 21.02.2023 made in I.A.No.1 of 2022 in O.P.No.6 of 2022 on the file of the Presiding Officer, Industrial Tribunal, Chennai. Before adjudication, the parties entered into a settlement under Section 18(1) of the Industrial Disputes Act, 1947 read with Rule 25 of the Tamil Nadu Industrial Dispute Rules, 1958 dated 01.07.2024, and a joint memorandum of compromise dated 01.01.2025 enclosing the settlement was taken on file. The Court disposed of both writ petitions in terms of the Joint Memorandum of Compromise dated 01.07.2025, directed that the memorandum and the 18(1) settlement form part of the order, made no order as to costs, and closed the connected miscellaneous petitions. The merits of the Tribunal's Award and the interim order were not examined.

W.P.Nos.7486 of 2024 and 8643 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T.ASHA

W.P.Nos.7486 of 2024 and 8643 of 2023 and WMP.Nos.8386 and 8387 of 2024 and W.M.P.No.8820 of 2023

W.P.No.7486 of 2024

The Secretary, Maiva Pharmatech Thozhilalar Sangam, No. 187/5, 9^th Cross Street, Chinna Elasagiri, Hosur – 635 126 .. Petitioner Vs.

The Management of Maiva Pharmatech Private Limited. No. 32, SIPCOT Industrial Estate, Hosur – 635 126. .. Respondent

W.P.No.8643 of 2023

The Management of Maiva Pharmatech Private Limited. No. 32, SIPCOT Industrial Estate, Hosur – 635 126. Rep by Mr.G.Karthi, Senior Manager-HR & IR ...Petitioner

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W.P.Nos.7486 of 2024 and 8643 of 2023

-vs-

Secretary, Maiva Pharmatech Thozhilalar Sangam, No. 187/5, 9^th Cross Street, Chinna Elasagiri, Hosur – 635 109

...Respondent

Prayer in W.P.No.7486 of 2024 : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the Award dated 22.01.2024 passed by the Learned Industrial Tribunal in O.P.No.06/2022 and quash the same and consequently direct the respondent to grant all the benefits arising out of the charter of demand submitted by the petitioner.

Prayer in W.P.No.8643 of 2023 : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the records connected with I.A.No.1 of 2022 in O.P.No.6 of 2022 on the file of the Presiding Officer, Industrial Tribunal, Chennai and to quash the order dated 21.02.2023 made herein.

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W.P.Nos.7486 of 2024 and 8643 of 2023

For Petitioner	: Mr. KK Ram Siddhartha
in both W.Ps	for M/s. Row and Reddy
For Respondent	: Mr. Sanjay Mohan
in both W.Ps	for M/s.S.Ramasubramanian and Associates

COMMON ORDER

The parties have entered into a settlement under Section 18(1) of

the Industrial Disputes Act, 1947 read with Rule 25 of the Tamil Nadu Industrial Dispute Rules, 1958 on 01.07.2024.

A joint Memorandum of compromise dated 01.01.2025

enclosing the 18(1) settlement has been filed into Court and the same is taken on file.

The writ petition is therefore disposed of in terms of the Joint

Memorandum Compromise dated 01.07.2025. The Joint Memorandum

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W.P.Nos.7486 of 2024 and 8643 of 2023

of Compromise dated 01.07.2025 and the 18(1) settlement shall form part of the order. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

02.07.2025

Index : Yes/No Internet : Yes srn To The Presiding Officer, Industrial Tribunal, Chennai

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W.P.Nos.7486 of 2024 and 8643 of 2023

P.T.ASHA, J.

srn

W.P.Nos.7486 of 2024 and 8643 of 2023 and WMP.Nos.8386 and 8387 of 2024 and W.M.P.No.8820 of 2023

02.07.2025

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