Madras High Court
Tamil Nadu General Workers Union vs The Chief Installation Manager on 21 December, 2023
W.P. No.29164 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2023
CORAM :
THE HONOURABLE MR. JUSTICE K. KUMARESH BABU
W.P.No.29164 of 2022
and
W.M.P.No.28444 of 2022
Tamil Nadu General Workers Union
Hindustan Petroleum Corporation Employees Branch,
Reg.No.289/CPT/1975
Rep by its General Secretary
2/1, Kovoor Vaidyanathan Street,
Chintadripet,
Chennai 600 002. ... Petitioner
Vs.
1.The Chief Installation manager
Hindustan Petroleum Corporation Limited,
Athipattu Pudhu Nagar,
Vallur Village
Chennai 600 120.
2.M/s.Sri Lakshmi Electricals
No.1044, TH Road, Kaladipet,
Chennai 600 019
3.M/s.Naveen Security Services,
No.347, VKS Lakshmi Nagar
Pondy Road
Villupuram 605 602.
Page No.1 of 8
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W.P. No.29164 of 2022
4.M/s.Green Tech
No.111, Nedunchezhiyan Salai,
Manali, Chennai 600 068.
5.M/s.Vital Technical Services
46B/60, Amir John Street,
Chollaimedu,
Chennai 600 094.
6.S.Selvarajan
No.100, Velayutham Street,
Todiarpet,
Chennai 600 081.
7.M/s. Taste Budz,
No.22, Bharathiyar Street,
Mehata Nagar,
Chennai 600 029. …Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying for issuance of Writ of Certiorarified Mandamus, calling for the
concerned records from the Central Government Industrial Tribunal cum
Labour Court, Chennai, quash the common order dated 20.10.2022 in
miscellaneous petitions 1, 2 & 3 of 2022 in I.D.No.14 of 2018 passed by the
Central Government Industrial Tribunal cum Labout Court, Shastri Bahawan,
Chennai, as illegal, arbitrary and contrary to the provisions of the Industrial
Disputes Act 1947 and consequently direct the Central Government
Industrial Tribunal cum Labour Court, Shastri Bhawan, 1st Flor, B Wing
No.26, Haddows Road, Chennai 600 006 to take the miscellaneous petitions
1, 2 & 3 of 2022 in I.D.No.14 of 2018 on record and decide the same on
merits.
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W.P. No.29164 of 2022
For Petitioner : Mr.A.Balan Haridas
For Respondents R1 : Mr.M.Vijayan for
M/s.King and Patridge
R2, R4 & R7 : Not ready in notice.
R6 : Deceased
R3 & R5 : No Appearance
ORDER
This writ petition has been filed challenging the order dated
20.10.2022 rejecting the applications filed by the petitioner seeking to
condone the delay and setting aside the order of dismissal. However, without
considering the claim made by the petitioner on merits, in its applications, the
Presiding Officer had proceeded to hold that the award had been forwarded to
the appropriate Government for publication in the gazette and that the award
is enforceable on expiry of 30 days from the date of publication. Therefore,
he rejected the applications as being devoid of merits.
2. The learned counsel appearing for the petitioner would submit
that no award had been passed which is yet to be enforced. The claim
petition had been dismissed as the same was not prosecuted by the petitioner.
This aspect had been over looked by the Tribunal and it was of the opinion
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that the award would have to be enforced after a period of 30 days of passing
the award. He would submit that merely because the award has become
enforceable, it does not mean that it has become binding.
3. He would also submit that when the award had been passed, by
denying opportunity of hearing and when there was sufficient cause for non-
appearance, the same could be challenged on the ground of nullity. In
respect of the said contention, the learned counsel would rely upon the
judgment of Hon'ble Apex Court rendered in C.A.No.5650 of 2018 dated
18.05.2018.
4. Mr.M.Vijayan, the learned counsel appearing for the 1st
respondent would submit that he has no serious objections in setting aside the
order of dismissal by this Court and directing the authority concerned to take
the same on file and decide the dispute on merits. In such view, he would
request this Court to permit the respondents to file counter to the claim
petition filed by the petitioner. He would further submit that he has serious
objection for the application seeking status quo to be maintained alone.
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5. I have heard the learned counsel for the petitioner on either side
and perused the material available on record.
6. The reading of the order impugned would show that the same
had not been dealt with on merits of the claim made by the petitioner in their
affidavit in support of the applications. The impugned order had been made
under the presumption that after a period of 30 days on the date of passing of
award, the same would become enforceable.
7. As rightly pointed out by the learned counsel for the petitioner
there is nothing enforceable in the order of dismissal of the claim petition on
the ground of non-prosecution. Further, it is trite law that, when an
application is dismissed for non-prosecution and a sufficient cause is shown
for restoration, the Court, can take a liberal view, unless or until the delay is
enormous, as it would unsettle certain rights vested in the parties. On the
other hand, in the present case the delay to be condoned is only for 52 days
and cogent reasons had been given by the petitioner in the affidavit filed in
support of the applications.
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8. In such view of the matter, I am inclined to interfere with the
orders that are impugned in this writ petition and the same is liable to be set
aside. Therefore, I am constrained to remit the matter back to the authority to
decide the same on merits.
9. Considering the submissions made by the learned counsel for the
1st respondent that he has no objection in restoring the claim petition on the
file of the authority, I also set aside the order of dismissal passed by the
authority and restore the claim petition in I.D.No.14 of 2018 on the file of the
Central Government Industrial Tribunal cum Labour Court, Chennai. The
respondents shall also file their counters to the claim petition in I.D.No.14 of
2018 within a period of 8 weeks from the date of restoration of I.D.
Thereafter, the Industrial dispute shall dispose of the case as expeditiously as
possible .
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10. With the above said directions, this writ petition is disposed of.
However, there shall be no order as to costs. Consequently, connected
miscellaneous petition is closed.
21.12.2023
Index : Yes/No
Speaking Order : Yes/No
dpa
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K. KUMARESH BABU,J.
dpa
and
21.12.2023
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