Madras High Court
The Management Of Kancheepuram vs V.Ganeshan on 7 July, 2023
W.A.No.2701 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.07.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.2701 of 2022
The Management of Kancheepuram
Central Co-operative Bank Ltd.
15, Sekupettai North Street
Kancheepuram 631 501. .. Appellant
Vs.
V.Ganeshan .. Respondent
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 18.11.2022 made in W.M.P.No.30326 of 2022 in
W.P.No.30933 of 2022.
For the Appellant : Mrs.G.Thilakavathi
Senior Counsel
For Mr.D.Kanagasundaram
For the Respondent : Mr.A.S.Narasimhan
Page 1 of 5
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W.A.No.2701 of 2022
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mrs.G.Thilakavathi, learned Senior Counsel,
assisted by Mr.D.Kanagasundaram, learned counsel for the appellant
and Mr.A.S.Narasimhan, learned counsel for the respondent.
2. The writ appeal is directed against the order of the learned
Single Judge granted interim stay of the impugned order passed by
the Labour Court on depositing a sum of Rs.50 lakh by the
appellant.
3. The matter is still sub judice before the learned Single
Judge. As far as the pros and cons of the matter is concerned, the
learned Single Judge is seized with the matter. The same would be
considered by the learned Single Judge.
4. We are only considering the appeal to the limited extent of
the direction given to the appellant to deposit Rs.50.00 lakh for the
grant of interim relief.
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W.A.No.2701 of 2022
5. According to learned Senior Counsel for the appellant, the
entire dues with the respondent were settled. However, as the
appellant could not appear before the learned Single Judge, the
impugned order came to be passed.
6. Learned counsel for the respondent submits that as per the
order passed by the Labour Court, the appellant was directed to pay
a sum of Rs.17,29,539/- with interest at the rate of 12% per annum
from 1975 till the date of recovery. The learned Single Judge has
taken the liberal approach and directed the appellant to deposit only
50% of the award amount.
7. It appears that the order of the Labour Court is an ex parte
one. The appellant has not filed any counter before the Labour
Court.
8. Considering that the matter is sub judice before the learned
Single Judge for consideration on merits and the nature of the
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W.A.No.2701 of 2022
claim, so also the submissions made, we modify the order of the
learned Single Judge directing the appellant to deposit Rs.50.00
lakh (Rupees fifty lakh only). Accordingly, we direct the appellant to
pay Rs.18.00 lakh (Rupees eighteen lakh only) within a period of
three weeks from today. If the appellant deposits a sum of Rs.18.00
lakh within three weeks, the stay granted by the learned Single
Judge shall continue subject to the further orders that would be
passed by the learned Single Judge.
9. With these directions, the appeal stands disposed of. There
will be no order as to costs. Consequently, C.M.P.No.21955 of 2022
is closed.
(S.V.G., CJ.) (P.D.A., J.)
07.07.2023
Index : Yes/No
Neutral Citation : Yes/No
kpl
https://www.mhc.tn.gov.in/judis
W.A.No.2701 of 2022
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(kpl)
W.A.No.2701 of 2022
07.07.2023
https://www.mhc.tn.gov.in/judis
