Disposed¶30

The Management, v. K.Muthuvijayan

Madras HC10 Mar 2025WP(MD)/12400/2019

Case brief

AI extract

What is this about?

Nachammai Cotton Mills Ltd. (Management) v. K.Muthuvijayan; W.P.(MD)No.12400 of 2019 and W.M.P.(MD)No.9252 of 2019; Madurai Bench of Madras High Court; decided 10.03.2025; Mummini Sudheer Kumar, J.; disposal in terms of settlement dated 24.07.2024 under Section 18(1) of the Industrial Disputes Act, 1947; challenge to Labour Court, Madurai award in C.P.No.122/2015 dated 10.04.2019 abandoned without merits adjudication; workman agreed not to enforce impugned award; no costs.

What did the court decide?

Writ Petition disposed of in terms of the settlement dated 24.07.2024 under Section 18(1) of the Industrial Disputes Act, 1947, without adjudication on merits; connected miscellaneous petition closed; no order as to costs. ¶30

The Management, Vs K.Muthuvijayan — Writ and Judicial Review | Madras HC (2025)

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W.P.(MD)No.12400 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 10.03.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR

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W.P.(MD)No.12400 of 2019 and

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W.M.P.(MD)No.9252 of 2019

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The Management, Nachammai Cotton Mills Limited, Chettinadu, Karaikudi Taluk, Sivagangai District.

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... Petitioner

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Vs.

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K.Muthuvijayan ... Respondent

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PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the award of the Labour Court, Madurai passed in C.P.No.122/2015 dated 10.04.2019, and quash the same.

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Page 1 of 5

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

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W.P.(MD)No.12400 of 2019

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For Petitioner : Mr.V.O.S.Kalaiselvam For Respondent : Mr.S.Bharathy Kannan

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O R D E R

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This Writ Petition has been filed aggrieved by an order dated 10.04.2019 passed in C.P.No.122 of 2015 on the file of the learned Labour Court Madurai.

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2. When this matter came up for consideration on an earlier occasion on 28.02.2025, Mr.V.O.S.Kalaiselvam, learned counsel for the petitioner brought to the notice of this Court that the respondent herein has entered into a settlement under Section 18(1) of the Industrial Disputes Act, 1947 in respect of the very same dispute, which is subject matter of the present Writ Petition and therefore, the Writ Petition can be disposed of in terms of the settlement dated 24.07.2024. However, the learned counsel appearing for the respondent sought time to get instructions in this regard. In the light of the above, this Court passed the following docket order dated 28.02.2025:

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Page 2 of 5

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

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W.P.(MD)No.12400 of 2019

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“It is represented by Mr.V.O.S.Kalaiselvam, learned counsel appearing for the petitioner that the dispute involved in this writ petition is already settled under Section 18(1) of the Industrial Disputes Act, 1947, wherein the respondent-workman agreed not to insist for enforcement of the impugned order.

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However, learned counsel appearing for the respondentworkman seeks time to get instructions. Hence, list the matter on 10.03.2025.”

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3. Today, when the matter is taken up for consideration again Mr.S.Bharathy Kannan, learned counsel appearing for the respondent submitted that the issue that arise for consideration in the present Writ Petition has been settled between the parties under Section 18(1) of the Industrial Disputes Act, 1947 and therefore, this Writ Petition can be disposed of in terms of the said settlement.

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4. In the light of the above, there is no need to adjudicate the matter on merits and accordingly, this Writ Petition is disposed of by duly placing on

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Page 3 of 5

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

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W.P.(MD)No.12400 of 2019

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record the submission made on either side in terms of the settlement dated 24.07.2024 arrived at between the parties under Section 18(1) of the Industrial Disputes Act, 1947. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

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10.03.2025

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Neutral Citation: Yes / No Index : Yes / No

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vsm

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Page 4 of 5

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

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W.P.(MD)No.12400 of 2019