Madras High Court
V.S.Patchamuthu vs The Management on 21 September, 2021
W.A.No.2173 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.09.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A.No.2173 of 2021
V.S.Patchamuthu ... Appellant
vs
1.The Management,
Valayapatty Growers Co-op.
Bank represented by its
Special Officer,
Valayapatty Post,
Namakkal District.
2.The Presiding Officer,
Labour Court, Salem. ... Respondents
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent against the
order dated 06.02.2013 passed in W.P. No.29368 of 2002 on the file of this
Court.
****
For Appellant : Mr.K.V.Shanmuganathan
For Respondents : Mr.M.S.Palaniswamy for R1
R2 - Court
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Page No.1 of 5
W.A.No.2173 of 2021
JUDGMENT
[Judgment of the Court was delivered by PUSHPA SATHYANARAYANA,
J.]
This Writ Appeal is directed against the order of the learned Single
Judge dated 06.02.2013 made in W.P.No.29368 of 2002, wherein, the
prayer made was to quash the impugned order dated 25.01.2002 passed by
the second respondent in I.D.No.787 of 1998.
2. The appellant herein/second respondent was employed with the
first respondent herein as Salesman in the Public Distribution System Shop
at Vallayapatti. It is stated that the appellant went on medical leave from
08.11.1994 and absented himself up to 24.06.1995. Even thereafter, he did
not apply for leave and intimate his absence. Therefore, the Management
had sent a notice dated 22.07.1995 asking him to appear for an enquiry,
even for which, there was no response from the appellant. Therefore, the
Management dismissed him from service on 18.10.1995. Against the said
dismissal order, an Industrial dispute was raised in I.D.No.787 of 1998 on
the file of Labour Court, Salem, after a delay of three years. The learned
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W.A.No.2173 of 2021
Presiding Officer, Labour Court, Salem had ordered reinstatement with
50% back wages from 05.12.1996 to him. Aggrieved by the said order, the
said Writ Petition was filed by the Management.
3. The Writ Court had found that the appellant had approached the
Labour Court itself only after three years from the date of dismissal and
there was no convincing reason given for the delay and even pending the
industrial dispute, the appellant had attained the age of superannuation, in
respect of which, the Labour Court had directed reinstatement with 50%
back wages. The Writ Court had modified the same by confirming only the
reinstatement and not back wages on the principle of “No work No Pay''.
4. The learned counsel appearing for the Management states that all
the dues that are payable to the appellant, had already been paid.
5. Even though the order of the Writ Court was passed on
06.02.2013, the appeal has been filed and brought for admission only after
8 years, i.e, in the year 2021. Such kind of careless attitude of the
appellant, cannot be entertained and he deserves no sympathy. Thus, we
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W.A.No.2173 of 2021
confirm the order of the Writ Court.
6. Accordingly, the Writ Appeal is dismissed. No costs.
[P.S.N., J.] [K.R., J.]
21.09.2021
Index : Yes/No
srn
To
The Presiding Officer,
Labour Court, Salem.
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W.A.No.2173 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
srn
W.A.No.2173 of 2021
21.09.2021
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