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General Manager Vs Hariramar.S — Writ and Judicial Review | Madras HC (2025)

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Madras HC
2025
General Manager Vs Hariramar.SGeneral Manager v. Hariramar.S

Disposed¶21

General Manager v. Hariramar.S

Madras HC19 Feb 2025WP(MD)/5779/2021

Case brief

AI extract

What is this about?

W.P.(MD)No.5779 of 2021, Madurai Bench of Madras High Court, decided 19.02.2025 by Mummineni Sudheer Kumar, J. Certiorari petition by Tamilnad Mercantile Bank Ltd. against Labour Court, Tirunelveli award in I.D.No.107 of 2018 dated 17.12.2020; disposed of on agreed terms — award confirmed subject to reinstatement of respondent S.Hariramar without backwages till reinstatement, implementation within three weeks, connected W.M.P.(MD)No.4544 of 2021 closed, no costs. Keywords: Article 226, reinstatement, backwages, consent disposal, labour court award, no cases relied upon.

What did the court decide?

Writ petition disposed of on agreed terms: respondent to be reinstated immediately without backwages till the date of reinstatement; petitioner to give effect to the impugned award within three weeks of receipt of the order; connected miscellaneous petition (W.M.P.(MD)No.4544 of 2021) closed; no order as to costs.

Why is it important?

On the agreed terms placed on record, the impugned award stands confirmed on the condition that the respondent is reinstated into service from the date of receipt of a copy of the order without any backwages till the date of reinstatement, and the petitioner will give effect to the award. ¶17

What the court decided

AI extract

Outcome

Writ petition disposed of on agreed terms: respondent to be reinstated immediately without backwages till the date of reinstatement; petitioner to give effect to the impugned award within three weeks of receipt of the order; connected miscellaneous petition (W.M.P.(MD)No.4544 of 2021) closed; no order as to costs.

Issue for consideration

Whether the impugned award of the Labour Court, Tirunelveli in I.D.No.107 of 2018 dated 17.12.2020 ought to be quashed by a writ of Certiorari.

Court's answer

On the agreed terms placed on record, the impugned award stands confirmed on the condition that the respondent is reinstated into service from the date of receipt of a copy of the order without any backwages till the date of reinstatement, and the petitioner will give effect to the award.

Ratio / Principle

The writ petition is disposed of directing the petitioner to reinstate the respondent immediately on receipt of a copy of the order and to give effect to the impugned award as expeditiously as possible, at any rate within three weeks from receipt of the order.

Detailed headnote1 paragraphs

Consent disposal — Writ of Certiorari under Article 226 against award of the Labour Court, Tirunelveli in I.D.No.107 of 2018 dated 17.12.2020 — after the Court expressed the view that the matter was fit for amicable solution, counsel on both sides obtained instructions and it was agreed that the impugned award stand confirmed on the condition that the respondent be reinstated from the date of receipt of the order without any backwages till the date of reinstatement — writ petition disposed of directing the petitioner-bank to reinstate the respondent immediately and to give effect to the impugned award within three weeks — connected miscellaneous petition closed — no order as to costs (Madurai Bench of Madras High Court, Mummineni Sudheer Kumar, J., 19.02.2025).

A

W.P.(MD)No.5779 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 19.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR

W.P.(MD)No.5779 of 2021 and W.M.P.(MD)No.4544 of 2021

General Manager, Tamilnad Mercantile Bank Ltd., 57, V.E. Road, Thoothukudi – 628 002.

... Petitioner

Vs.

S.Hariramar ... Respondent

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records relating to the impugned award passed by the Hon'ble Labour Court, Tirunelveli in I.D.No.107 of 2018 dated 17.12.2020 (received on 25.01.2021) and quash the same as illegal.

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For Petitioner : Mr.M.E.Ilango For Respondent : Mr.P.P.Alwin Balan

W.P.(MD)No.5779 of 2021

O R D E R

This matter earlier came up for consideration before this Court on 04.02.2025 and 13.02.2025. This Court after, having heard the learned counsel on either side at length, expressed its view that it is a fit case for amicable solution between the parties and accordingly, both the counsel on either side got instructions from the respective parties. Accordingly, it is agreed that the impugned award be confirmed on the condition that the respondent would be reinstated into service from the date of receipt of a copy of this order without any backwages till the date of reinstatement. It is also agreed that the petitioner would give effect to the impugned award.

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W.P.(MD)No.5779 of 2021

2. Accordingly, by placing the same on record, this Writ Petition is disposed of directing the petitioner to reinstate the respondent immediately on receipt of a copy of this order and also give effect to the impugned award as expeditiously as possible at any rate, within a period of three weeks from the date of receipt of a copy of this order.

3. This Writ Petition is disposed of accordingly. Consequently, connected

miscellaneous petition is closed. There shall be no order as to costs.

19.02.2025

Neutral Citation: Yes / No Index : Yes / No vsm

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W.P.(MD)No.5779 of 2021

MUMMINENI SUDHEER KUMAR, J.

vsm

W.P.(MD)No.5779 of 2021

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W.P.(MD)No.5779 of 2021

19.02.2025

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

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the impugned award of the Labour Court, Tirunelveli in I.D.No.107 of 2018 dated 17.12.2020 ought to be quashed by a writ of Certiorari.medium confidence¶11
The court held
On the agreed terms placed on record, the impugned award stands confirmed on the condition that the respondent is reinstated into service from the date of receipt of a copy of the order without any backwages till the date of reinstatement, and the petitioner will give effect to the award.ratio¶17

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 226¶11

Procedural history

How this case reached the court

AI extract

Order under challenge
Award in I.D.No.107 of 2018 dated 17.12.2020 (received on 25.01.2021), challenged by way of a writ of Certiorari.¶11
Hon'ble Labour Court, Tirunelveli · 17.12.2020
Prior proceeding
Industrial dispute I.D.No.107 of 2018 adjudicated by the Labour Court, Tirunelveli, which passed the award dated 17.12.2020 (received on 25.01.2021) now under challenge.¶11
Prior proceeding
Writ petition earlier heard on 04.02.2025 and 13.02.2025; the Court expressed the view that it was a fit case for amicable solution and both counsel obtained instructions from their respective parties.¶17

Parties & counsel

AI extract

petitioner
General Manager, Tamilnad Mercantile Bank Ltd.¶7
Mr.M.E.Ilango
respondent
S.Hariramar¶10
Mr.P.P.Alwin Balan

Coram

AI extract

Mummineni Sudheer Kumarauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 19 Feb 2025 · February
Registered: 12 Mar 2021
Case no.: WP(MD)/5779/2021
CNR: HCMD010227222021
Topic: Writ and Judicial Review
Bench: Mummineni Sudheer Kumar
Disposal: DISPOSED OF
Case type: W.P.(MD)

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Cite this judgement

General Manager v. Hariramar.S, WP(MD)/5779/2021 (MAD), decided on 19 February 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of IndiaArticle 226

View all statutes

Procedural history3

Award in I.D.No.107 of 2018 dated 17.12.2020 (received on 25.01.2021), challenged by way of a writ of Certiorari.Hon'ble Labour Court, Tirunelveli · 17.12.2020
Industrial dispute I.D.No.107 of 2018 adjudicated by the Labour Court, Tirunelveli, which passed the award dated 17.12.2020 (received on 25.01.2021) now under challenge.
Writ petition earlier heard on 04.02.2025 and 13.02.2025; the Court expressed the view that it was a fit case for amicable solution and both counsel obtained instructions from their respective parties.

View full history

Bench / Coram

Mummineni Sudheer Kumar

Parties & counsel