Madras High Court
P. Nareshkumar vs The Management Of on 7 June, 2023
W.A. No. 3081 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.06.2023
CORAM
THE HON'BLE MR. JUSTICE S.VAIDYANATHAN
AND
THE HON'BLE MR. JUSTICE K. RAJASEKAR
W.A. No. 3081 of 2021
&
C.M.P. No. 21353 of 2021
1. P. Nareshkumar
2. A. Kannan
3. R. Vimal
4. V. Vijay
5. R. Senthil
6. K. Velu
7. P.G. Lokesh
8. A. Nagarajan ..Appellants
Vs.
1. The Management of
M/s. Kwang Sang Brake India
Pvt. Limited,
No.49, Sengadu Village,
Sriperumbudur Taluk,
Kancheepuram – 602 105.
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W.A. No. 3081 of 2021
2. Mr. Ganesh,
Enquiry Officer,
C/o. The Management of
M/s. Kwang Sang Brake India
Pvt. Limited,
No.49, Sengadu Village,
Sriperumbudur Taluk,
Kancheepuram – 602 105. ..Respondents
Prayer: Writ Appeal as against the order dated 01.12.2021 passed in
W.P. No. 25543 of 2021.
For Appellants :: Mr.V. Prakash,
Senior Advocate
for U. Manogar
For Respondents :: Mr.K. Jayachandiran
for R1
R2- not ready in notice
JUDGMENT
(Delivered by S. Vaidyanathan,J.)
The present appeal has been preferred by workmen challenging the
order dated 01.12.2021 passed in W.P. No. 25543 of 2021 by which the
learned Single Judge dismissed the writ petition on the ground that a writ
would not be maintainable against a private body and that the workmen will
have to seek redress before the appropriate forum.
2. When the matter is taken up for hearing, learned counsel
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W.A. No. 3081 of 2021
appearing for the Management would submit that the employees concerned
were asked to report for work, which they refused to do, pursuant to which
memo has been issued and disciplinary proceedings are pending in which
the workmen will have to participate.
3. Mr.V. Prakash, learned Senior Counsel appearing for the
appellants/workmen would submit that one of the employees suffered an
accident during the course and out of employment, which resulted in
spontaneous strike and after intervention by the authorities, the workmen
resumed work. According to the learned Senior Counsel, presuming that
the employees herein were instrumental for the strike, the Management did
not provide them work while the others were given work. It is also his
submission that the employees/appellants have been placed under
suspension and that the employer is trying to conduct an enquiry without
payment of subsistence allowance. There is no need for a written order of
suspension and that the employees cannot be asked to attend the enquiry
without payment of subsistence allowance. He would further submit that the
employees/appellants have not been allowed to enter the premises and that
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W.A. No. 3081 of 2021
they are willing to report for work.
4. However, the learned counsel for the Management would refute
the contention of the learned Senior Counsel for the appellants that the
employees/appellants have been placed under suspension and that being so,
the question of payment of subsistence allowance would not arise. He would
further submit that the employees/appellants, who are willing to work, will
have to join the post and thereafter, they can participate in the enquiry. The
payment of wages for the past period would depend upon the outcome of
the enquiry that would be conducted.
5. Since the appellants/employees are willing to report for work
and the employer is also ready to give them work, without going into the
question of maintainability of writ petition and to give a quietus to the
litigation, we direct the employees concerned to report for work on
12.06.2023. Wages, prior to the date of reporting by the employees will be
decided based on the outcome of departmental proceedings. It is open to the
employer to videograph the enquiry to be conducted. The employees are
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W.A. No. 3081 of 2021
expected to attend the enquiry and ensure smooth running of the industry
without any disruption . The enquiry shall go on a day-today basis and it
shall not be adjourned for more than seven working days at any point of
time.
6. The writ appeal is closed with the above observations. No
costs. Connected W.M.P. is closed.
7. It is made clear that all factual pleas available to both parties
are not curtailed by this order since the employees have agreed to return to
work and the employer has agreed to provide work and without prejudice to
the rights of parties, we have not answered the maintainability of writ
petition. The disposal of the writ appal does not mean that we have agreed
with the contention of the workmen that writ petition is maintainable.
(S.V.N.J.) (K.R.S.J.)
nv 07.06.2023
(Note to Office: Issue order copy by 09.06.2023)
S. VAIDYANATHAN,J.
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W.A. No. 3081 of 2021
AND
K. RAJASEKAR,J.
nv
To
The Management of
M/s. Kwang Sang Brake India
Pvt. Limited,
No.49, Sengadu Village,
Sriperumbudur Taluk,
Kancheepuram – 602 105.
W.A. No. 3081 of 2021
07.06.2023
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