Madras High Court
The Management vs A.Mahalakshmi on 14 July, 2021
W.P.No.14415 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2021
CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.14415 of 2021
The Management
Govindanur Primary Agri
Co-op Credit Society,
rep. by its Secretary,
M.Jeeyautheen
No.K-1751, Govindanur Primary
Agri Co-op. Credit Society,
Govindanur,
Puravipalayam (PO),
Pollachi T.K. - 642 110. ... Petitioner
vs.
A.Mahalakshmi ... Respondent
Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a writ of Certiorari, to call for the records relating
to the order dated 16.02.2021 passed in I.D.No.15/2018 on the file of the
Additional Labour Court, Coimbatore, to quash the same.
For Petitioner : M/s.N.Ramamani
for M/s.Kanimozhi Mathi
Page No.1 of 5
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W.P.No.14415 of 2021
ORDER
Petitioner has come up with the present Writ Petition seeking to quash
the order dated 16.02.2021 passed in I.D.No.15/2018 on the file of the
Additional Labour Court, Coimbatore, wherein, it is held that, the Enquiry
Officer has not conducted the enquiry in a fair and proper manner and that,
the findings of the Enquiry Officer is biased, perverse and not valid under
law. The Labour Court adjourned the matter to 02.03.2021 for adducing
fresh evidence on the side of the Management.
2. Heard the learned counsel for the Petitioner. This matter is taken
up for disposal at the admission stage itself.
3. Taking note of the judgments rendered by the Apex Court in the
case of the Workmen of M/s Firestone Tyre & Rubber Co. of India (P)
Ltd., vs. The Management, reported in 1973 (1) LLJ 278 and in the case of
Cooper Engineering Ltd. Vs. P.P.Mundhe reported in 1975 (2) SCC 661,
this Court is not inclined to entertain this Writ Petition.
4. In the judgments cited supra, the Apex Court has categorically
held that, there is no need to entertain a Writ Petition questioning the
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W.P.No.14415 of 2021
preliminary orders, which could be adjudicated at a later point of time, when
the final Award is questioned.
5. Hence, without going into the merits of the case including the
plea raised in case of any adverse finding that may affect the
Petitioner/Management, this Court dismisses the Writ Petition with liberty
to the Petitioner to lead fresh evidence before the Additional Labour
Court, Coimbatore, as, has been held in the Award dated 16.02.2021 and
prove the charges before the Labour Court, as the Labour Court steps into the
shoes of the Disciplinary Authority to decide about the veracity and merits of
the charges and the evidence that may be let in by the parties concerned.
6. Once the Petitioner/Management lets in evidence, it is open to
the Respondent/employee to lead counter evidence, if she has to say on her
side.
7. The Additional Labour Court, Coimbatore is expected to take up
the Industrial Dispute for hearing on a day-to-day basis, without adjourning
the matter beyond seven working days at at any point of time, by following
the procedures contemplated under Rule 34(9) of the Tamil Nadu Industrial
Disputes Rules, 1948, and pass orders on merits and in accordance with law.
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W.P.No.14415 of 2021
8. It is needless to mention that, it is open to the
Petitioner/Management to question the preliminary order, after the final
Award is passed. No costs. Consequently, connected W.M.P.No.15317 of
2021 is closed.
14.07.2021
Index : Yes/No
Speaking Order : Yes/No
(aeb)
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W.P.No.14415 of 2021
S.VAIDYANATHAN,J.
(aeb)
W.P.No.14415 of 2021
14.07.2021
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