Madras High Court
D.C.M.Hyuyndai Limited vs The State Of Tamil Nadu on 9 April, 2021
W.A.Nos.1540 to 1542/2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.04.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
W.A.Nos.1540 to 1542/2012 and M.P.No.1/2012 in all W.As.
and M.P.No.2/2012 in W.A.No.1541/2012
W.A.No.1540/2012 :
D.C.M.Hyuyndai Limited
rep. by Company Secretary
G.Ram Raj,
D.C.M. Hyundai Limited,
Polavakkam Village,
Thirvallur. ... Appellant
-vs-
1. The State of Tamil Nadu
rep. by Secretary to Government,
Labour and Employment Department,
Fort St. George, Chennai-600 009.
2. The Revenue Inspector,
Vangathur Firka,
Thiruvallur Taluk,
Thiruvallur.
3. DCM Hyundai Thozhilalar Nala Sangam
rep. by its Secretary,
No.162, Thambu Chetty Street,
Chennai-600 001. ... Respondents
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W.A.Nos.1540 to 1542/2012
Writ Appeal filed under Clause 15 of the Letters Pattent against
the order dated 13.03.2012 passed in W.P.No.12272/2005 by a
learned Single Judge of this Court.
For Appellant : No appearance
For Respondents : Mr.K.Nagesh, Spl.G.P.
1 and 2
For 3rd respondent : Ms.Janani
Ananthakrishnan
W.A.No.1541/2012 :
D.C.M.Hyundai Limited
rep. by General Manager,
No.2, Sri Ram Nagar,
Prakash Nagar Main Road,
Thirunindravur-602 024,
Thiruvallur District. ... Appellant
-vs-
1. The Presiding Officer,
Industrial Tribunal,
Chennai-600 108.
2. DCM Hyundai Labour Welfare Union
rep. by its Secretary,
No.162, Thambu Chetty Street,
Chennai-600 001. ... Respondents
Writ Appeal filed under Clause 15 of the Letters Patent against
the order dated 13.03.2012 passed in W.P.No.10362/2009 by a
learned Single Judge of this Court.
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W.A.Nos.1540 to 1542/2012
For Appellant : No appearance
For 2nd Respondent : Ms.Janani
Ananthakrishnan
W.A.No.1542/2012 :
D.C.M.Hyundai Limited
rep. by General Manager,
No.2, Sri Ram Nagar,
Prakash Nagar Main Road,
Thirunindravur-602 024,
Thiruvallur District. ... Appellant
-vs-
1. The Government of Tamil Nadu
rep. by Secretary to Government,
Labour Department,
Fort St. George, Chennai-600 009.
2. DCM Hyundai Labour Welfare Union
rep. by its Secretary,
No.162, Thambu Chetty Street,
Chennai-600 001. ... Respondents
Writ Appeal filed under Clause 15 of the Letters Patent against
the order dated 13.03.2012 passed in W.P.No.10363/2009 by a
learned Single Judge of this Court.
For Appellant : No appearance
For 1st respondent : Mr.K.Nagesh, Spl.G.P.
For 2nd Respondent : Ms.Janani
Ananthakrishnan
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W.A.Nos.1540 to 1542/2012
COMMON JUDGMENT
(Judgment of the Court was pronounced by T.RAJA, J.)
The Writ Appeal Nos.1540 to 1542/2012 have been preferred
against the Common Order dated 13.03.2012 passed by the learned
Single Judge in W.P.Nos.12272/2005 and 10362 and 10363/2009,
which were filed challenging the G.O.(D) No.1536 and G.O.(D)
No.847, Labour and Employment Department dated 27.12.2004 and
26.8.2003 respectively issued by the Secretary to Government,
Labour and Employment Department, Chennai-9 and the award dated
08.08.2008 made in I.D.No.44/2003 passed by the Presiding Officer,
Industrial Tribunal, Chennai respectively.
2. When the matters were called today, Ms.Janani
Ananthakrishnan, learned Counsel appearing for the respondent-DCM
Hyundai Labour Welfare Union submitted that the issue-in-dispute in
these writ appeals have already been settled between the parties out
of court. Therefore, there was no representation on behalf of the
learned Counsel for the appellant. Mr.K.Nagesh, learned Special
Government Pleader appearing for the Official Respondents-State is
also present.
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W.A.Nos.1540 to 1542/2012
3. At the outset, it may be mentioned that
W.P.No.12272/2005 has been filed challenging the Government Order
in G.O.(D) No.1536, Labour and Employment, dated 27.12.2004 in
and by which the Government has issued the Revenue Recovery
Certificate in favour of one Arulanandam and 48 other workers under
Section 33-C(1) of the Industrial Disputes Act, 1947 and by the said
Certificate, the State Government had granted the certificate
authorizing payment of salary for workers for the month of June and
July, 2000 to 49 workers amounting to Rs.2,45,000/-. That was
challenged by the Workmen represented by DCM Hyundai Thozhilalar
Nala Sangam rep. by its Secretary, 102, Thambu Chetty Street,
Chennai. It also appears that even before the revenue recovery
certificate was issued, the workmen raised an industrial dispute in
regard to the declaration of illegal layoff for 50 workers from
16.8.2000 as they were denied employment. Hence, they were
demanding full wages for the said period. The State Government by
G.O.(D) No.847, Labour and Employment Department, dated
26.8.2003 referred the dispute for adjudication by the Industrial
Tribunal, Chennai which was registered as I.D.No.44/2003 by the
Industrial Tribunal in which Industrial Tribunal, Chennai by award
dated 08.08.2008 has held as follows:
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W.A.Nos.1540 to 1542/2012
''In the result, award is passed holding that 1) the
demand of the union claiming full salary for the period of
denial of work to 39 workmen except one individual Thiru
Senthil Kumar from June 2000 to till the date of allotment
of work is justified. 2) the demand of the union claiming
the lay off and denial of work from 16.8.2000 to the
workers mentioned in the annexure as illegal and they are
entitled for full salary from 16.8.2000 to till the date of
allotment of work is justified. No costs.''
Aggrieved thereby the management/appellants herein filed
W.P.Nos.10362 and 10363/2009 before this Court. The learned
Single Judge dismissed all the three Writ Petitions by a Common
Order dated 13.03.2012 holding that the workers are entitled to
withdraw the amount lying in deposit either with this Court or with
the Labour court pursuant to the interim directions issued by this
Court. Aggrieved thereby, these Writ Appeals have been filed.
4. Under such circumstances, a perusal of the notes papers
reveals that when the matters were called on 02.08.2012, a prayer
was made by Mr.Sanjay Mohan, learned Senior Counsel for the
appellant to grant time to settle the matter and this Court has also
granted sufficient time to explore the possibility of amicable
settlement between the parties which is extracted here under :
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W.A.Nos.1540 to 1542/2012
''Mr.Sanjay Mohan, learned Senior Counsel submits
that the appellant is not interested to contest the matter,
rather to settle it, in th eevent the respondents appear
pursuant to the notice issued by this Court. Hence,
without going into the merits of the appeal, we direct the
issuance of notice to respondents returnable in four weeks
only for the purpose of settlement, which according to the
learned Counsel, will be reached soon.''
Thereafter, when the appeals were listed today after nine years, i.e.
on 09.04.2021, Ms.Janani Ananthakrishnan, learned Counsel for
DCM Hyundai Labour Welfare Union rep. by its Secretary has stated
that the disputes between the parties have been settled between the
parties and as such, nothing survives for adjudication in these Writ
Appeals.
5. Recording the said submission of the learned Counsel for
the respondent- DCM Hyundai Labour Welfare Union represented by
its Secretary that the dispute between the parties have been settled,
these appeals are dismissed as infructuous. No costs. Consequently,
connected Miscellaneous Petitions are also dismissed.
(T.R.J.,) (V.S.G.J.,)
09.04.2021
tsi
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W.A.Nos.1540 to 1542/2012
T.RAJA, J.
and
V.SIVAGNANAM, J.
tsi
To
1. The Secretary to Government,
State of Tamil Nadu,
Labour and Employment Department,
Fort St. George, Chennai-600 009.
2. The Revenue Inspector,
Vangathur Firka,
Thiruvallur Taluk,
Thiruvallur.
3. The Presiding Officer,
Industrial Tribunal,
Chennai-600 108.
W.A.Nos.1540 to
1542/2012
09.04.2021
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W.A.Nos.1540 to 1542/2012
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