Madras High Court
Maiva Pharma Employees Union ... vs Maiva Pharma Private Limited on 4 October, 2023
W.A.Nos.2802 and 2862 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.10.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.Nos.2802 and 2862 of 2021
W.A.Nos.2802 and 2862 of 2021:
Maiva Pharma Employees Union affiliated to
Labour Progressive Federation (R.No.560/04 DRP)
187/5, 9th Cross Street, Kamaraj Nagar,
Chinna Elasagiri, Hosur-635 109,
Krishnagiri District. .. Appellant
Vs.
1.Maiva Pharma Private Limited,
No.32, SIPCOT Industrial Complex,
Phase-I, Hosur-635 126
rep. by its Senior Manager (HR&IR) Karthi.
2.Labour Office Krishnagiri,
Combined Court Building Complex,
Rayakottai Road, Wahab Nagar,
Krishnagiri, Tamil Nadu-635 002.
3.The Inspector of Police,
SIPCOT, Hosur-635 126. .. Respondents
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W.A.Nos.2802 and 2862 of 2021
Prayer in W.A.No.2802 of 2021: Appeal filed under Clause 15 of the
Letters Patent against the order of the learned Single Judge dated
22.6.2021 passed in W.P.No.13073 of 2021.
Prayer in W.A.No.2862 of 2021: Appeal filed under Clause 15 of the
Letters Patent against the order of the learned Single Judge dated
27.8.2021 passed in W.M.P.No.16204 of 2021 in W.P.No.13073 of
2021.
For the Appellant : Mr.KK Ram Siddhartha
For the Respondents : Mr.Shivathanu Mohan
for respondent No.1
: No Appearance
for respondents 2 and 3
COMMON JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.KK Ram Siddhartha, learned counsel for the
appellant and Mr.S.Shivathanu Mohan, learned counsel for the first
respondent.
2. The appellant is challenging the order passed by the learned
Single Judge dated 22.6.2021 in a writ petition bearing No.13073 of
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W.A.Nos.2802 and 2862 of 2021
2021 and further the order dated 27.8.2021 in W.M.P.No.16204 of
2021 in W.P.No.13073 of 2021.
3. Learned counsel for the appellant submits that it was
verbally agreed between the parties that the employer would not
initiate disciplinary proceedings against the employees of the
appellant union and on the basis of the said assurance, the
appellant union agreed to withdraw the strike. In paragraph 7 of
the order of the learned Single Judge in the writ petition, the
statement made by the learned Senior Advocate for the employer
that the employees would not be suspended is recorded. In fact, the
matter was heard on the very same day and it is only on the basis
of the assurance, the appellant agreed to withdraw the strike.
Otherwise, if such assurance would not have been made, the
appellant would have continued with the strike. The predicament of
the employees may be considered. Even in the miscellaneous
petition filed for modification of the order, the learned Single Judge
has failed to consider the said aspect.
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W.A.Nos.2802 and 2862 of 2021
4. What had verbally transpired between the parties before the
learned Single Judge cannot be a subject-matter of consideration in
the appeals, more particularly, when the same is not the admitted
fact. It is only before the learned Single Jude, where the matter
was argued, the said grievance can be raised. The appellant had
filed miscellaneous petition for modification of the order seeking
direction against the management not to take disciplinary action
against the employees who went on strike and not to deduct wages
for the period of strike. The learned Single Judge even in an order
passed on the modification application did not record about the
agreement between the parties.
5. In the absence of any written document of any agreement
between the parties, it would not be possible to pass any order in
the appeals. It is open for the appellant to take recourse to the
proceedings, as may be permissible under law.
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W.A.Nos.2802 and 2862 of 2021
6. The writ appeals, as such, are disposed of. There will be no
order as to costs. Consequently, C.M.P.Nos.18425, 18426, 19111
and 19112 of 2021 are closed.
(S.V.G., CJ.) (D.B.C., J.)
04.10.2023
Index : Yes/No
Neutral Citation : Yes/No
bbr
To
1.Labour Office Krishnagiri,
Combined Court Building Complex,
Rayakottai Road, Wahab Nagar,
Krishnagiri, Tamil Nadu-635 002.
2.The Inspector of Police,
SIPCOT, Hosur-635 126.
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W.A.Nos.2802 and 2862 of 2021
THE HON'BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J.
bbr
W.A.Nos.2802 and 2862 of 2021
04.10.2023
https://www.mhc.tn.gov.in/judis
