Arunachalam.S Vs The Government of Tamil Nadu

1.S.Arunachalam ... Petitioner in WP.(MD)No.29120 of 2023 2.Mariammal ... Petitioner in WP.(MD)No.29121 of 2023 3.S.Murugan ... Petitioner in WP.(MD)No.29122 of 2023 4.Velammal ... Petitioner in WP.(MD)No.29123 of 2023

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Vs.

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1.The Government of Tamil Nadu, Rep. by Principal Secretary, Department of Labour and Employment, Fort St. George, Chennai.

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2.The Commissioner of Labour, D.M.S.Compound, Teynampet, Chennai.

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3.The Deputy Commissioner of Labour, Department of Labour,

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Baskaran Road, Thirumal Nagar, Tirunelveli.

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4.The Assistant Labour Inspector, Department of Labour, Circle II, Tenkasi. Tirunelveli.

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5.The Management, Mangalore Ganesh Beedi Works Venoba Road, Mysore, Karnataka.

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6.The Management, Mangalore Ganesh Beedi Works, Alangulam, Tenkasi. ... Respondents

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Common Prayer : Writ Petitions filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Claim Petition Nos.36, 35, 33 & 34 of 2018 dated 27.01.2023 passed by the Labour Court, Tirunelveli and quash the same as illegal and consequently for a direction directing the fifth and sixth respondents to disburse the retirement benefits and gratuity of the petitioners along with proportionate interest for belated payment within the time period stipulated by this Court.

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For Petitioners : Mr.G.Karthick, (in all WPs.) for Mr.T.Aswin Raja Simman

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For R1 to R4 : Mr.C.Venkatesh Kumar, (in all WPs.) Special Government Pleader. For R5 & R6 : Mr.M.E.Ilango (in all WPs.)

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COMMON ORDER

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These writ petitions have been filed as against the order

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passed by the Labour Court in Claim Petition Nos.36, 35, 33 & 34 of 2018 dated 27.01.2023.

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2.Admittedly, the above said claim petitions have been filed

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without raising an industrial dispute and therefore, the Labour Court has rightly rejected the claim petitions. Therefore, this Court is of the view that there is no reason to interfere with the

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findings of the Labour Court.

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3.The learned counsel for the petitioner submits that the

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prayer has been wrongly moulded before this Court and the petitioners are having right to claim arrears of salary and bonus. 3/6

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4.In that event, the petitioners have to raise industrial dispute under Section 2(k) of the Industrial Dispute Act to determine their right and then only they can maintain the claim petition. With liberty to raise the industrial dispute, these writ petitions are closed. No costs. Consequently, connected miscellaneous petitions are closed.

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04.11.2025

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NCC : Yes/No Index : Yes/No Internet:Yes gns

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To