The Managment, Vs M.Narayanasamy — Writ and Judicial Review | Madras HC (2025)

The Managment, Vs M.Narayanasamy — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Impugned ex parte order dated 26.09.2018 in C.P.No.20/2013 set aside; matter remitted to the Labour Court, Madurai to be heard at Madurai and disposed of within six months; no costs; connected Miscellaneous Petition closed.

Issue for consideration

Whether the ex parte order dated 26.09.2018 passed by the Labour Court, Madurai in C.P.No.20/2013 (passed when the matter was listed at the Srivillipudur Camp Court and counsel could not appear) ought to be set aside and the Computation Petition remitted for fresh disposal.

Court's answer

Considering the facts (Camp Court listing, non-appearance, and consent of both counsels), the order impugned in the writ petition is set aside and the matter is remitted back to the Labour Court, Madurai, where it shall be heard at Madurai.

Ratio / Principle

The Computation Petition in C.P.No.20 of 2013 shall be disposed of within a period of six months from the date of receipt of a copy of the order.

Key takeaways

With the above observation, the Writ Petition stands allowed.ratio¶24
There shall be no order as to costs, and consequently the connected Miscellaneous Petition (W.M.P(MD) No.9323 of 2019) stands closed.ratio¶25

Detailed headnote1 paragraphs

Writ of Certiorari under Article 226 — Management of Virudhunagar District Central Cooperative Bank Limited challenged the ex parte order dated 26.09.2018 passed by the Labour Court, Madurai in C.P.No.20 of 2013 (Computation Petition), which came to be passed when the case was taken up at the Srivillipudur Camp Court and counsel could not appear. Counsel for the respondent/workman consented to setting aside the order and remitting the matter, and both counsels jointly sought that the Computation Petition be heard at Madurai rather than at the Camp Court at Srivilliputur; a joint Memo had been filed before the Labour Court on 12.06.2015. Held: the impugned order was set aside, the matter was remitted to the Labour Court, Madurai to be heard at Madurai, and C.P.No.20 of 2013 was directed to be disposed of within six months of receipt of a copy of the order. Writ Petition allowed without costs; connected W.M.P(MD) No.9323 of 2019 closed. Coram: R.VIJAYAKUMAR,J.; decided 01.07.2025.

W.P.(MD).No.12515 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 01.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

W.P(MD)No.12515 of 2019 and W.M.P(MD) No.9323 of 2019

The Management,

Virudhunagar District Central Cooperative Bank Limited, Represented by its Managing Director/Joint Registrar, Madurai Road, Virudhunagar – 626 001. ... Petitioner Vs.

M.Narayanasamy ... Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned order passed in C.P.No.20/2013, dated 26.09.2018 by the Labour Court, Madurai, and quash the same.

For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondent : Mr.T.Ravichandran

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W.P.(MD).No.12515 of 2019

O R D E R

The present Writ Petition has been filed by the Management, Virudhunagar District Central Cooperative Bank Limited, challenging the order passed by the Labour Court, Madurai in C.P.No.20 of 2013, dated 26.09.2018.

2. According to the learned counsel appearing for the writ petitioner, the case was taken up at Srivillipudur, Camp Court by Madurai, Labour Court, and therefore, the counsel could not appear. In view of the non appearance, the writ petitioner was set ex parte and an ex parte order had been passed in the Computation Petition.

3. The learned counsel appearing for the respondent/workman also agreed for setting aside the order of the Labour Court and to remit the matter back to the Labour Court, Madurai. Both the counsels submitted that the Computation Petition may be taken up before the Labour Court, Madurai, instead of Camp Court at Srivilliputur. He also pointed out that the joint Memo has been filed by them before the Labour Court on 12.06.2015.

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W.P.(MD).No.12515 of 2019

4. Considering the above said facts, the order impugned in the writ

petition is set aside and the matter is remitted back to the Labour Court, Madurai, and the same shall be heard at Madurai. The Computation Petition in C.P.No.20 of 2013 shall be disposed of within a period of six months from the date of receipt of a copy of this order.

5. With the above said observation, this Writ Petition stands allowed.

There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed.

01.07.2025

NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi

To

The Labour Court, Madurai.

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W.P.(MD).No.12515 of 2019

R.VIJAYAKUMAR,J.

ebsi

W.P(MD)No.12515 of 2019

01.07.2025

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