Madras High Court
The Management vs N.Palpandi ... 1St on 15 June, 2021
W.A.(MD)Nos.1201 to 1208 and 1227 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.06.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)Nos.1201 to 1208 and 1227 of 2021
and
CMP(MD).Nos.5081 to 5088 and 5158 of 2021
W.A(MD).No.1201 of 2021
The Management,
M/s. Sun Paper Mills Limited,
Cheranmahadevi,
Tirunelveli District. ... Appellant/2nd Respondent
Vs.
1. N.Palpandi ... 1st Respondent/Petitioner
2. Joint Director of Industrial
Safety and Health,
Tirunelveli District,
Tirunelveli.
... 2nd Respondent/1st Respondent
Common Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against
the order of this Court made in W.P.(MD) No.2358 of 2017, dated 29.03.2019.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)Nos.1201 to 1208 and 1227 of 2021
For Appellants : Mr.Deepak
(in all Writ Appeals)
For Respondent : M/s.J.Saranya
for Mr.N.Sathish Babu for R1,
Mr.R.Baskaran,
Government Counsel
for R2
(in all Writ Appeals)
COMMON JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
We have heard Mr.Deepak, learned Government Counsel appearing
for the appellant and Ms.J.Saranya, learned counsel, assisted by Mr.N.Sathish
Babu, learned counsel appearing for the first respondent and Mr.R.Baskaran,
learned Government Counsel appearing for the second respondent.
2. These writ appeals are directed against the common order dated
29.03.2019, passed in W.P(MD).Nos.2358 to 2366 of 2017.
3. The said writ petitions were filed by the respondents-workmen to
direct the appellant-Management to implement the order passed by the first
respondent under the provisions of the Tamil Nadu Industrial Establishments
(Conferment of Permanent Status to Workmen) Act 1981.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)Nos.1201 to 1208 and 1227 of 2021
4. Before the learned Single Bench, the appellant-Management was
represented by the counsel and after hearing the counsel for the workmen; the
learned Additional Government Pleader and the counsel for the appellant-
Management, the learned Single Bench noted that the order dated 26.12.2016,
passed by the second respondent herein, has become final as on the date, when
the writ petition was heard to be disposed of. Therefore, direction was issued to
implement the said order. It appears that the appellant-Management thereafter
engaged a new counsel and the Management has filed W.P(MD).No.23190 of
2019, challenging the order dated 26.12.2016, passed by the second respondent
herein.
5. The learned counsel appearing for the appellant submits that the
learned Single Bench has granted an order of stay of the order passed by the
second respondent herein, dated 26.12.2016. However, copy of the said order
has not been produced before us. Further, it is submitted that the one of the
respondents-workmen had filed contempt petition in Cont.P(MD).No.1767 of
2019, stating that the appellant-Management had wilfully disobeyed the order
passed in the writ petition dated 29.03.2019. In the said contempt petition, the
Management has appeared through counsel and submitted that they have filed a
https://www.mhc.tn.gov.in/judis/
W.A.(MD)Nos.1201 to 1208 and 1227 of 2021
separate writ petition challenging the order dated 26.12.2016, passed by the
second respondent and an order of stay has been granted. In the light of the said
submission, the contempt petition is stated to have been closed. It is not in
dispute that the respondents-workmen have entered appearance through counsel
in W.P(MD).No.23190 of 2019, however, no counter affidavit has been filed till
date.
6. It is the argument of the learned counsel for the respondents-
workmen that till the impugned order was passed on 29.03.2019, the appellant-
Management did not challenge the order dated 26.12.2016 passed by the second
respondent herein and the writ petition itself is liable to be dismissed on account
of inordinate delay and laches. Further, it is submitted that the order passed by
the second respondent is a speaking order and well reasoned order and there is
no error for the learned Writ Court to interfere with the said order.
7. The learned counsel appearing for the appellant-Management in
reply would submit that the appellant-Management was taken over by the new
set of Directors and only after audit was conducted, it came to light that the
erstwhile Management has suppressed very many facts and only after knowing
the full facts, steps have been taken to challenge the order passed by the second
https://www.mhc.tn.gov.in/judis/
W.A.(MD)Nos.1201 to 1208 and 1227 of 2021
respondent by filing the W.P(MD).No.23190 of 2019.
8. In any event, the respondents-workmen are entitled to canvass all
the points in W.P(MD.No.23190 of 2019, in which they have impleaded as the
respondents. Since the order passed by the second respondent dated 26.12.2016
has been stayed, as on date, a direction cannot be issued to implement the order.
Therefore, we are of the view that the following order will meet ends of justice.
9. In the result, the writ appeals are disposed of, by modifying the
direction issued in the writ petition by giving liberty to the respondents-
workmen to canvass their contentions before the learned Writ Court in
W.P(MD.No.23190 of 2019. The respondents-workmen are at liberty to file
their counter affidavit within two weeks from today, if the same is done, the
Registry shall list the writ petition before the appropriate learned Single Bench
during the week commencing from 5th July 2021, so that the matter can be heard
and dispose of at the earliest. No costs. Consequently connected miscellaneous
petitions are closed.
Index :Yes/No (T.S.S.,J.) (S.A.I.,J.)
Internet :Yes/No 15.06.2021
pkn
https://www.mhc.tn.gov.in/judis/
W.A.(MD)Nos.1201 to 1208 and 1227 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
pkn
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall
be the responsibility of the advocate/litigant concerned.
To:
Joint Director of Industrial
Safety and Health,
Tirunelveli District,
W.A.(MD)Nos.1201 to 1208 and 1227 of 2021
15.06.2021
https://www.mhc.tn.gov.in/judis/
W.A.(MD)Nos.1201 to 1208 and 1227 of 2021
https://www.mhc.tn.gov.in/judis/
