The Management vs The Presiding Officer
2021 Latest Caselaw 14584 Mad

                                                                                      W.P.No.44446 of 2006

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 20.07.2021

                                                   CORAM :
                                   THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

                                                 W.P.No.44446 of 2006

                    The Management,
                    PSG Coimbatore Urban Leprosy Eradication Scheme,
                    (P.S.G. Cules), Project Office,
                    24 & 25, Rajalakshmi Colony,
                    T.V.S. Nagar, Thadagam Road,
                    Edaiyarpalayam Post,
                    Coimbatore – 641 025.                                                ... Petitioner

                                                            vs.

                    1.         The Presiding Officer,
                               Labour Court,
                               Coimbatore.

                    2.         K.Marimuthu
                    3.         A.A.Suresh Kumar
                    4.         K.Ajith Kumar
                    5.         P.Bhaskaran                                             ... Respondents

                               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 of the 1st
                    Respondent/Labour Court, Coimbatore made in its common interim order in
                    I.D.Nos.241/2000, 242/2000, 243/2000 and 245/2000, dated 13.07.2006, and
                    quash the same.


                    Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                     W.P.No.44446 of 2006



                               For Petitioner              :   Mr.S.Silambanan, Senior Counsel
                                                               for M/s.Silambanan Associates
                               For Respondents 2, 3 & 5 :      Mr.M.Christopher

                               For 4th Respondent          :   Dismissed vide order dated 30.09.2011



                                                     ORDER

Petitioner/Management has come up with this Writ Petition

challenging the preliminary order dated 13.07.2006 passed by the 1st

Respondent/Labour Court in I.D.Nos.241/2000, 242/2000, 243/2000 and

245/2000.

2. In the light of the judgment of the Apex Court in the case of

Cooper Engineering Ltd. Vs. P.P.Mundhe reported in 1975 (2) SCC 661,

the employer can question the preliminary Award along with the final Award

and that, the proceedings cannot be stalled.

3. In the case of Shankar Chakravarti vs. Britannia Biscuit Co.

Ltd. reported in 1979 SCC (3) 371, the Apex Court has held that, there is no

need to remind an employer to let in evidence. That is, in the absence of plea

that, in case, the domestic enquiry is not fair and proper, the employer must

be permitted to lead evidence to establish the charges and there is no need to

https://www.mhc.tn.gov.in/judis/ W.P.No.44446 of 2006

permit the employer to lead fresh evidence.

4. As there is no interim order in the case on hand and as the

Industrial Dispute is of the year 2000, the Labour Court would have decided

the matter by this time.

5. In view of the above, no further order is required in this matter.

Hence, the Writ Petition is dismissed. No costs.

                                                                                            20.07.2021
                    Index                  :     Yes/No
                    Speaking Order         :     Yes/No

                    (aeb)

                    To:

                    The Presiding Officer,
                    Labour Court,
                    Coimbatore.




                                                                             S.VAIDYANATHAN,J.

https://www.mhc.tn.gov.in/judis/ W.P.No.44446 of 2006

(aeb)

W.P.No.44446 of 2006

20.07.2021

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