Madras High Court
The Management vs The Presiding Officer on 21 September, 2022
WA(MD)No.933 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.09.2022
CORAM
THE HON'BLE MRS JUSTICE J. NISHA BANU
AND
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
W.A.(MD)No.933 of 2011
and
M.P(MD)Nos.1 of 2011 and 1 of 2012
The Management
Ramanathapuram District Co-operative,
Spinning Mills
Achankulam, Kamudi Taluk,
Ramanathapuram. ... Appellant/ Writ Petitioner
/Vs./
1.The Presiding Officer,
Labour Court, District Court Building
Mellur Road,
Madurai. .. 1st Respondent/1st Respondent
2.M.Ramachandran .. 2nd Respondents/2nd Respondent
PRAYER: Appeal filed under Clause 15 of the Letters Patent, praying this
Court, the order of the learned Single Judge,dated 20.06.2011, passed in
W.P(MD)No.9832 of 2005 is liable to be set aside.
For Appellant : Mr.T.Ravichandran
For R2 : Mr.R.Narayanan
For R1 : Court
Page 1 of 4
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WA(MD)No.933 of 2011
JUDGMENT
J. NISHA BANU,J.
and
N. ANAND VENKATESH,J.
This Writ Appeal has been filed by the Management challenging the
order passed by the learned Single Judge in W.P(MD)No.9832 of 2005,
dated 20.06.2011.
2.The appellant filed the writ petition questioning the award passed
by the Labour Court, on 26.02.2004 directing the appellant to reinstate the
second respondent with continuity of service and 50% of backwages.
3.The learned Single Judge considered the order passed by the Labour
Court in detail after taking into consideration the charge memo issued
against the second respondent and found that there was no ground to
interfere with the award.
4.Heard Mr.T.Ravichandran, learned counsel appearing for the
appellant and Mr.R.Narayanan, learned counsel appearing for the second
respondent.
https://www.mhc.tn.gov.in/judis
WA(MD)No.933 of 2011
5.In the considered view of this Court, the learned Single Judge has
given sufficient reasons by relying upon the relevant judgment of the
Hon'ble Apex Court, while dismissing the writ petition. We do not find any
ground to interfere with the same. That apart, it was also brought to the
notice of this Court that the appellant Mill was already closed and all the
employees were settled and it has been taken over by the Government vide
G.O.Ms.No.58 Handooms, Handicrafts, Textiles & Khadi (C1) Department,
dated 07.04.2005. This is one more reason as to why we do not intend to
interfere with the order passed by the learned Single Judge and once again
deal with the award passed by the Labour Court on merits.
6.In view of the above discussion, this Writ Appeal stands dismissed.
No costs. Consequently, connected miscellaneous petitions are closed.
(J.N.B.,J.) (N.A.V.,J.)
21.09.2022
Index : Yes/No
Internet : Yes
Ns
https://www.mhc.tn.gov.in/judis
WA(MD)No.933 of 2011
J. NISHA BANU,J.
and
N. ANAND VENKATESH,J.
Ns
To:
1.1.The Presiding Officer,
Labour Court, District Court Building
Mellur Road,
Madurai.
2.The Record Keeper,
Vernacular Records Section,
Madurai Bench of Madras High Court,
Madurai.
Judgment made in
W.A.(MD)No.933 of 2011
and
M.P(MD)Nos.1 of 2011 and 1 of 2012
Dated
21.09.2022
https://www.mhc.tn.gov.in/judis
