Madras High Court
T.M.Ramamoorthy vs The Presiding Officer on 17 June, 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
W.A.Nos.2438 and 2470/2012
W.A.No.2438/2012 :
T.M.Ramamoorthy ... Appellant
-vs-
1. The Presiding Officer,
Additional Labour Court No.I,
City Civil Court Compound,
Chennai-600 104.
2. The Management,
Areva T& D India Company Limited,
No.19/1, G.S.T. Road,
Pallavaram, Chennai-43. ... Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent
against the order in W.P.No.11692/2008 dated 10.07.2012 passed by
a learned Single Judge.
For Appellant : Ms.PA.Chithramani
For 2nd Respondent : Mr.Anand Gopalan
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W.A.No.2470/2012 :
T.M.Ramamoorthy ... Appellant
-vs-
1. The Union of India
rep. by the Secretary to Government,
Labour and Employment Department,
New Delhi.
2. The Secretary to Government,
Labour and Employment Department,
Fort St. George, Chennai-600 009.
3. The Commissioner of Labour,
Government of Tamil Nadu,
Chennai-600 006.
4. The Presiding Officer,
Additional Labour Court No.I,
City Civil Court Compound,
Chennai-600 104.
5. The Management,
Areva T& D India Company Limited,
No.19/1, G.S.T. Road,
Pallavaram, Chennai-43. ... Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent
against the order in W.P.No.9776/2008 dated 10.07.2012 passed by a
learned Single Judge.
For Appellant : Ms.PA.Chithramani
For Respondents : Mr.R.Neelakandan, Govt. Pleader
2 and 3
For 5th appellant : Mr.Anand Gopalan
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COMMON JUDGMENT
(Judgment of the Court was pronounced by T.RAJA, J.)
These Writ Appeals have been filed challenging the correctness
of the Common Order dated 10.07.2012 made in W.P.Nos.9776 and
11692 of 2008 by a learned Single Judge of this Court.
2. The case of the appellant is that he was working as
Operator in Cubical Gear Multi Motor Circular Centre (CGMMCC) in the
respondent company as casual labour during the year 1975. At that
time, there was a general agitation by the workers of the respondent
company demanding to confirm their employment and there was a
conciliation between the company and the employees which ended in
failure. Thereafter, the appellant herein and the other workers raised
an Industrial Dispute before the Industrial Tribunal which passed an
award directing the respondent Management to employ the workers
with back wages. Totally, there were 181 workers, out of whom the
Industrial Tribunal directed to reinstate 131 employees with back
wages and 50 without back wages. Aggrieved by the award, the
respondent Management by way of appeal came before this Court
unsuccessfully and after the dismissal of the Writ Petition,
W.A.No.1235/1983 was also filed and the same was allowed by setting
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aside the order made in the Writ Petition. Thereafter, the Labour
Union took up the matter to the Apex Court in C.A.Nos.596 and
597/2986. Finally, the Apex Court directed the respondent
Management to allow the appellant and other workers to rejoin the
company with continuity of service by its judgment dated 11.01.1990.
The further case of the appellant is that after his reinstatement in the
respondent Management, he sought for promotion and when the same
was denied, he raised an industrial dispute.
3. In the industrial dispute raised by the appellant herein, the
learned Additional Labour Court No.I, Chennai, has held that when the
question of promotion has arisen, after the rejection of his claim by the
Management, the appellant has to approach the Conciliation Officer
and only after the failure report filed by the Conciliation Officer, if any,
the appellant should have approached the Labour Court which he has
not done. But, all of a sudden, he has approached the Additional
Labour Court No.I, Chennai, on the basis of the observation given in
the order passed by this Court in CRP.No.3680/2000, that too, he
raised the Industrial Dispute only under Section 2-A of the Industrial
Disputes Act, 1947. The learned Labour Court has also in paragraph
10 of its award made it clear that Section 2A is very clear that the
workman in case of dismissal has to first approach initially conciliation
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proceedings and if no settlement is arrived before the Conciliation
Officer and on the failure report by the Conciliation Officer, then only,
he has to approach the Labour Court. But, without even following any
of these procedure required to be complied with, the appellant has
wrongly approached the Labour Court. Therefore, the Labour Court
has rightly come to the conclusion that the Industrial Dispute is not at
all maintainable under Section 2A of the Act and dismissed the same.
This award was also confirmed by the learned Single Judge. As
against which, the present Appeals have been filed.
4. When the appeals were called today, learned Counsel for
the appellant submitted that the appellant passed away during the
pendency of these Writ Appeals. He further submitted that since
Section 2-A of the Industrial Disputes Act gives cause of the action to
the workman to raise an industrial dispute in a case where the
employer discharges, dismisses, retrenches or otherwise terminates
the services of an individual workman, any dispute or difference
between that workman and his employer shall be deemed to be an
industrial dispute.
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5. In this context, it is relevant to extract Section 2-A here
under :
[2-A.Dismissal etc., of an individual workman to be
deemed to be an industrial dispute--[(1)] Where any
employer discharges, dismisses, retrenches or otherwise
terminates the services of an individual workman, any
dispute or difference between that workman and his
employer connected with, or arising out of, such discharge,
dismissal, retrenchment or termination shall be deemed to
be an industrial dispute notwithstanding that no other
workman nor any union of workmen is a party to the
dispute]
[(2) Notwithstanding anything contained in Section
10, any such workman as is specified in sub-section (1)
may, make an application, direct to the Labour Court or
Tribunal for adjudication of the dispute referred to therein
after the expiry of forty-five days from the date he has
made the application to the Conciliation Officer of the
appropriate Government for conciliation of the dispute, and
in receipt of such application, the Labour Court or Tribunal
shall have powers and jurisdication to adjudicate upon the
dispute, as if it were a dispute referred of to it by the
appropriate Government in accordance with the provisions
of this Act and all the provisions of this Act shall apply in
relation to s uch adjudication as they apply in relation to an
industrial dispute referred to it by the appropriate
Government.''
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Therefore, Section 2A makes it clear that workman in case of
dismissal, retrenchment or termination, has to firstly approach the
Conciliation Officer and if no settlement is arrived before the
Conciliation Officer and on the failure report by the Conciliation Officer,
then only, he has to approach the Labour Court.
6. Insofar as the present appeals are concerned, the
appellant seeking promotion has approached the Labour Court straight
away under Section 2-A of the Industrial Disputes Act, therefore, the
same is not at all maintainable. Hence, we find no infirmity or illegality
in the impugned order passed by the learned Single Judge of this
Court. However, since it is stated by the learned Counsel for the
appellant that the appellant is no more, the Writ Appeals are dismissed
as abated. No costs.
(T.R.J.,) (V.S.G.J.,)
17.06.2021
tsi
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T.RAJA, J.
and
V.SIVAGNANAM, J.
tsi
To
1. The Secretary to Government,
Union of India,
Labour and Employment Department,
New Delhi.
2. The Secretary to Government,
Labour and Employment Department,
Fort St. George, Chennai-600 009.
3. The Commissioner of Labour,
Government of Tamil Nadu,
Chennai-600 006.
4. The Presiding Officer,
Additional Labour Court No.I,
City Civil Court Compound,
Chennai-600 104.
17.06.2021
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