Madras High Court
M/S. Chennai Petroleum Corporation Ltd vs Mrl Industrial Co-Op on 11 November, 2024
Author: R.Subramanian
Bench: R.Subramanian
W.A.Nos.3257, 3258 & 3259 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
Writ Appeal Nos.3257, 3258 and 3259 of 2024
and CMP Nos.25273, 25272 and 25282 of 2024
M/s. Chennai Petroleum Corporation Ltd,
Manali, Chennai 600 068
Rep by its Company Secretary. ... Appellant in all the petitions
Vs.
1. MRL Industrial Co-op, Service Society Limited,
Manali, Chennai – 600 068
Rep by its Assistant Director,
(Industrial Co-operative)
Mr.P. Krishnamurthy ... 1st respondent in all the petitions
2. S. Chellappan ... 2nd Respondent in WA 3257/2024
Thulasiraman ... 2nd Respondent in WA 3258/2024
V.Lakhsmanan ... 2nd Respondent in WA 3259/2024
Prayer: Writ Appeals filed under Clause 15 of the Letters Patent, to set aside
the order dated 08.11.2023 made in (i) W.P. No.30641 of 2018 (ii) WP
1/5
https://www.mhc.tn.gov.in/judis
W.A.Nos.3257, 3258 & 3259 of 2024
No.13192 of 2019 (iii) WP No.30640 of 2018 respectively, in so far as the
Impugned Order deals with undertaking given by the Appellant that they are
ready to reinstate the second respondent.
For Appellant : Mr.Sanjay Mohan
(in all the petitions) for M/s.S.Ramasubramaniam and Associates
Respondent : Mr. C.Manohar Gupta
for Mr.M.Muralivinoth, for R1
in WA 3257/2024
Mr.Ganesh & Ganesh – Caveator for R1
in WA 3258 & 3259/2024
********
COMMON JUDGMENT
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)
The appellant in all the Appeals feels aggrieved by the order of the
Writ Court directing reinstatement of the employees by the first respondent
Society. Though the operative portion of the order in paragraph 11 directs
the Society viz. the first respondent herein in all the Appeals, to reinstate the
workmen concerned in para 8 of the order, an observation is made to the
effect that the appellant has given an undertaking before the Hon’ble
Supreme Court that it is ready to reinstate the employees, if they succeed
https://www.mhc.tn.gov.in/judis
W.A.Nos.3257, 3258 & 3259 of 2024
before the Labour Court. The order of the Hon’ble Supreme Court in Civil
Appeal Nos.1455 and 1456 of 2013 has been placed before us and the
relevant observations of the Hon’ble Supreme Court read as follows:
“We make it clear that in case the employees
succeed in getting their dismissal set aside from the
Labour Court and the society reinstates them pursuant to
such an award and deploys them to work with the
appellant- Corporation, the Corporation shall not object
to any such deployment and shall allow them to work on
conditions as are otherwise applicable to workman
deployed under the terms of the contract between the
Corporation and the Society.”
2. This observation would only mean that reinstatement must be
by the first respondent society and the appellant Corporation will not object
to such reinstatement. We make it clear that the reinstatement directed by
the Hon’ble Single Judge as well as the Labour Court will be only as against
the first respondent Society and not the appellant.
https://www.mhc.tn.gov.in/judis
W.A.Nos.3257, 3258 & 3259 of 2024
3. The Appeals are disposed of with the above observation. There
shall be no order as to costs. Consequently, the connected miscellaneous
petitions are closed.
(R.SUBRAMANIAN, J.) (C.KUMARAPPAN, J.)
11.11.2024
jv
Index: No
Internet: Yes
Speaking order
Neutral Citation: No
To
The Company Secretary.
M/s. Chennai Petroleum Corporation Ltd,
Manali, Chennai 600 068.
https://www.mhc.tn.gov.in/judis
W.A.Nos.3257, 3258 & 3259 of 2024
R.SUBRAMANIAN, J.
and
C.KUMARAPPAN, J.
(jv)
Writ Appeal Nos.3257, 3258 and 3259 of 2024
and CMP Nos.25273, 25272 and 25282 of 2024
11.11.2024
https://www.mhc.tn.gov.in/judis
