The Management vs Mr.R.Boobalan
2023 Latest Caselaw 3173 Mad

                                                                                      W.A.No. 671 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED:24.03.2023

                                                      CORAM:

                                  THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
                                                   AND
                                  THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

                                                W.A.No.671 of 2023
                                               C.M.P.No.6711 of 2023

            The Management,
            M/s.CMR Toyotsu Aluminium India Private Limited,
            A4 & A5, SIPCOT Industrial Park,
            Pillaipakkam, Sriperumbudur,
            Kancheepuram District-602 105.               ..                   Appellant

                                                                -vs-

            1. Mr.R.Boobalan
            2. Mr.R.Sivakumar
            3. Mr.E.Murugan
            4. Mr.G.P.John Fernandas
            5. Mr.D.Balakrishnan
            6. Mr.P.Rajesh
            7. Mr.M.RameshRaju
            8. Mr.K.Lakshmanan
            9. Mr.A.Ganesh
            10.Mr.S.Karthick
            11.Mr.N.Udhayakumar                                    ..         Respondents


                       Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside the order

            dated 13.12.2022 passed by this Court in W.P.No.44 of 2021.


            1/5

https://www.mhc.tn.gov.in/judis
                                                                                        W.A.No. 671 of 2023

                                    For Appellant         : Mr.S.Thamizharasi

                                                           ***

                                                    JUDGMENT

This Writ Appeal has been preferred by the Appellant to set aside the order dated

13.12.2022 passed by this Court in W.P.No.44 of 2021, in dismissing the Writ Petition

filed by the Appellant.

2. The case of the Appellant/Management is that there was a illegal strike and the

Respondents/Workmen violated all the norms, in violation of the provisions of the

Industrial Disputes Act, 1947 (in short 'the Act') and therefore, they were terminated

from service. Being aggrieved, Workmen raised an Industrial Dispute before the Labour

Court, Kancheepuram. An application was filed to reopen and recall the Management

evidence in I.A.No.210 of 2019, which was allowed by the Labour Court on payment of

costs of Rs.500/- to the Workmen. Challenging the said order imposing costs, the

Management preferred a Writ Petition in W.P.No.945 of 2020 and the same was also

dismissed vide order dated 21.01.2020. Thereafter, the Labour Court vide order dated

18.03.2020 passed an Award in I.D.Nos.599 to 609 of 2018, by setting aside the

termination orders passed against the Workmen and directed the Management to

reinstate all the 11 Workmen with continuity of service and full backwages.

https://www.mhc.tn.gov.in/judis W.A.No. 671 of 2023

3. Aggrieved over the same, the Appellant/Management preferred a Writ Petition

in W.P.No.44 of 2021, which was dismissed by this Court vide order dated 13.12.2022,

challenging which, the present Intra Court Appeal has been filed by the

Appellant/Management.

4. The learned counsel for the Appellant/Management submitted that the

Appellant/Management may be given an opportunity to put forth evidence and pleaded

that the Appeal may be allowed.

5. Heard the learned counsel for the Appellant and perused the records.

6. The learned Single Judge in paragraph 7 of the order impugned in this Appeal,

has made it very clear that despite several opportunities been granted to the

Appellant/Management to disprove the claim of the Workmen, they did not make use of

such opportunities by letting in evidence to disprove the claim of the Workmen and

thus, held that the termination is arbitrary and illegal. That apart, the Management,

through their counsel has admittedly made an endorsement in the Court bundle of the

Labour Court proceedings that the Management's evidence may be closed and the same

was also recorded by the Labour Court. The learned Single Judge further observed that

https://www.mhc.tn.gov.in/judis W.A.No. 671 of 2023

the Appellant's request for reopening and recalling evidence on their side was rejected

by the Labour Court, which was also confirmed by this Court by an order dated

21.01.2020 passed in W.P.No.945 of 2020 filed by the Management. The said order has

also attained finality, as no Writ Appeal has been filed by the Management challenging

the same.

7. In such view of the matter, we find no perversity or illegality in the order

passed by the learned Single Judge and the present Writ Appeal is devoid of merits.

In the result, the Writ Appeal stands dismissed. No costs. Consequently,

connected Miscellaneous Petition is closed.

                                                                      [S.V.N., J.,]     [R.K.M., J]
                                                                               24.03.2023
            Index: Yes / No
            Internet: Yes / No
            arr




                                                                           S. VAIDYANATHAN,J.,




https://www.mhc.tn.gov.in/judis
                                      W.A.No. 671 of 2023

                                             and
                                  R.KALAIMATHI.,J

                                                     arr




                                  W.A.No.671 of 2023




                                           24.03.2023






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