The Management vs S.Loganathan
2023 Latest Caselaw 8913 Mad

                                                                        W.A.No.1818 of 2023



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED:    24.07.2023

                                                       CORAM :

                           THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                         AND
                                    THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU


                                                W.A.No.1818 of 2023

                     The Management,
                     Sanmina SCI India Private Limited,
                     OZ-1, SIPCOT Hi-Tech SEZ,
                     Oragadam, Sriperumbudur Taluk,
                     Kancheepuram District – 602 105
                     rep. by its HR Director &
                     Authorised Signatory R.Kumar                        .. Appellant

                                                         Vs
                     S.Loganathan                                        .. Respondent


                     Prayer: Appeal under Clause 15 of the Letters Patent to set aside the
                     order dated 25.4.2023 passed in W.M.P.No.5620 of 2022 in
                     W.P.No.25939 of 2021 by the learned Single Judge.



                                   For the Appellant      : Mr.A.L.Somayaji
                                                            Senior Counsel
                                                            for Mr.C.Manohar Gupta



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                     Page 1 of 5


https://www.mhc.tn.gov.in/judis
                                                                              W.A.No.1818 of 2023




                                                        JUDGMENT

(Delivered by the Hon'ble Chief Justice)

We have heard Mr.A.L.Somayaji, learned Senior Counsel

for the appellant.

2. The appellant is challenging the order passed by the

learned Single Judge in W.M.P.No.5620 of 2022 in W.P.No.25939

of 2021, dated 25.4.2023.

3. Learned Senior Counsel for the appellant submits that

without considering the prima facie case, the learned Single Judge

has invoked Section 17-B of the Industrial Disputes Act, 1947. The

approval application has not been accepted by the Industrial

Tribunal only on the ground that the prior permission was not

obtained and the application for approval was filed on the day of the

dismissal of the employee. The legal issue is pending consideration

before the learned Single Judge. It was incumbent upon the learned

Single Judge to look into the prima facie case before passing the

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https://www.mhc.tn.gov.in/judis W.A.No.1818 of 2023

order under Section 17-B of the Act.

4. We have considered the submissions canvassed by learned

Senior Counsel for the appellant.

5. There is no dispute that as on date the application for

approval of the dismissal has not been accepted. The result is

reinstatement. The issue on merits is pending consideration before

the learned Single Judge. As such, we would not like to comment

on the merits of the matter. Section 17-B of the Act does not admit

of any other interpretation. The learned Single Judge exercised the

discretion in a plausible manner. As such, we are not inclined to

interfere with the order passed by the learned Single Judge.

6. In the result, the writ appeal is disposed of. There will be

no order as to costs. Consequently, C.M.P.No.16015 of 2023 is

closed.

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https://www.mhc.tn.gov.in/judis W.A.No.1818 of 2023

7. Learned Senior Counsel for the appellant submits that the

writ petition be directed to be disposed of expeditiously.

8. The appellant may make a request to the learned Single

Judge, which would be considered by the learned Single Judge

considering the convenience of the learned Single Judge.

                                                         (S.V.G., CJ.)                (P.D.A., J.)
                                                                         24.07.2023
                     Index            :            Yes/No
                     Neutral Citation :            Yes/No
                     sasi




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https://www.mhc.tn.gov.in/judis W.A.No.1818 of 2023

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.

(sasi)

W.A.No.1818 of 2023

24.07.2023

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https://www.mhc.tn.gov.in/judis