Madras High Court
M/S.The Mylapore Hindu Permanent ... vs T.S.Jaganathan on 19 July, 2021
W.P.No.28948 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.07.2021
CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.28948 of 2015
M/s.The Mylapore Hindu Permanent Fund Ltd.,
represented by its Secretary,
Nos.32 and 33, South Mada Street,
Mylapore,
Chennai. ... Petitioner
vs.
1. T.S.Jaganathan
2. The Presiding Officer,
Principal Labour Court,
Chennai. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a writ of Certiorari, calling for the records
pertaining to I.D.No.28 of 1999 on the file of the 2nd Respondent herein,
dated 22.04.2015, and quash the same.
For Petitioner : Mr.S.Janarthanam
For 1st Respondent : Mr.Balan Haridas
Page No.1 of 6
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W.P.No.28948 of 2015
ORDER
Petitioner/employer has come up with this Writ Petition challenging
the Award dated 22.04.2015 passed by the 2nd Respondent/Labour Court in
I.D.No.28 of 1999.
2. The 1st Respondent/employee has been divested off his duties on
the ground that, he was unauthorizedly absent from 13.12.1997 till he was
discharged from service on 19.03.1998. The Petitioner/employer took a
stand before the Labour Court that, the 1st Respondent was not a 'workman'.
3. The Labour Court, taking note of the factual aspects of the
matter, came to the conclusion that, the non-employment of the 1 st
Respondent/employee is not justified, as the Petitioner/employer has not
established the charges. However, the Labour Court passed an Award,
holding that the 1st Respondent/employee would be entitled to reinstatement
with continuity of service and 50% backwages from the date of his
termination till 02.12.2011, the date on which he was enrolled as an
Advocate.
4. From the pleadings, it is clear that, the 1st Respondent/employee
has not stated that, he has enrolled himself as an Advocate. Documents need
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W.P.No.28948 of 2015
to be called for from the Bar Council of Tamil Nadu to establish that, the 1st
Respondent enrolled himself as an Advocate on 02.12.2011. The 1st
Respondent/employee has contended that, pursuant to his termination, he
remained unemployed without any source of income. Only in the evidence, it
has been elicited that, he has been enrolled as an Advocate. The duty of any
litigant is to state the fact and the 1st Respondent/employee should have
stated on oath that, he has enrolled himself as an Advocate. Since, he has not
stated in the Affidavit, the averment that, he was without employment is a
false statement on oath, attracting Section 191 I.P.C.
5. Heard the learned counsel on either side and perused the
material documents available on record.
6. Though this Court ordered reduction of backwages from 50% to
25% in the Open Court on 19.07.2021, while going through the records
before signing the order, this Court has come to the conclusion that, the 1st
Respondent/employee is not entitled to any relief. Of course, it is true that,
the Award of the Labour Court is based on finding of fact, but, at the same
time, this Court has not lost sight of the fact that, a false statement has been
made by the 1st Respondent/employee, which has got to be elicited by the
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W.P.No.28948 of 2015
Petitioner/employer, by calling for records from the Bar Council of
Tamilnadu.
7. In view of the judgment rendered by the Hon'ble Supreme Court
in the case of Kushalbhai Ratanbhai Rohit vs. State of Gujarat, reported
in AIR 2014 SC 2291, wherein, it has been held that, if the order is not
signed, the Court is empowered to recall the order, this Court is empowered
to change its view before signing the order.
8. Hence, this Court deprives the entire backwages awarded by the
Labour Court on the sole reasoning that, the 1st Respondent, who is an
Advocate, has approached this Court with unclean hands by filing a false
statement. In the considered opinion of this Court, this is a fit case to
prosecute the 1st Respondent for making a false statement on oath, attracting
the provisions of Section 191 I.P.C.
9. Notice is ordered to the 1st Respondent herein to appear in
person before me, on 31.08.2021 for preliminary enquiry under Section
195 r/w 340 Cr.P.C.
10. The Writ Petition is ordered accordingly. No costs.
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W.P.No.28948 of 2015
11. Registry is directed to list this matter for preliminary enquiry
before me on 31.08.2021, after getting necessary orders from the Hon'ble
The Chief Justice.
19.07.2021
Index : Yes/No
Speaking Order : Yes/No
(aeb)
To:
The Presiding Officer,
Principal Labour Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
W.P.No.28948 of 2015
S.VAIDYANATHAN,J.
(aeb)
W.P.No.28948 of 2015
19.07.2021
https://www.mhc.tn.gov.in/judis/
