Madras High Court
The Superintending Engineer vs The Presiding Officer on 7 January, 2025
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
W.P.Nos.28727, 28728 and 28729 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.01.2025
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.Nos.28727, 28728 and 28729 of 2010
and M.P.No.1 of 2010 in W.P.No.28727 of 2010
and M.P.No.1 of 2010 in W.P.No.28728 of 2010
and M.P.No.1 of 2010 in W.P.No.28729 of 2010
In W.P.No.28727 of 2010:-
The Superintending Engineer,
Tamil Nadu Electricity Board,
Thiruvannamalai Electricity
Distribution Circle,
Thiruvannamalai - 606 604. .. Petitioner
Versus
1. The Presiding Officer,
Labour Court, Vellore.
2. V.Vasudevan .. Respondents
In W.P.No.28728 of 2010:-
The Superintending Engineer,
Tamil Nadu Electricity Board,
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W.P.Nos.28727, 28728 and 28729 of 2010
Thiruvannamalai Electricity
Distribution Circle,
Thiruvannamalai - 606 604. .. Petitioner
Versus
1. The Presiding Officer,
Labour Court, Vellore.
2. K.Rajendiran .. Respondents
In W.P.No.28729 of 2010:-
The Superintending Engineer,
Tamil Nadu Electricity Board,
Thiruvannamalai Electricity
Distribution Circle,
Thiruvannamalai - 606 604. .. Petitioner
Versus
1. The Presiding Officer,
Labour Court, Vellore.
2. C.Mannarsamy .. Respondents
Prayer in W.P.No.28727 of 2010 : Writ Petition filed under Article 226 of
the Constitution of India, pleased to issue a Writ of Certiorari calling for the
records of the first respondent relating to its order, dated 21.05.2008 passed
in C.P.No.80 of 2007 and quash the same as illegal and without jurisdiction.
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W.P.Nos.28727, 28728 and 28729 of 2010
Prayer in W.P.No.28728 of 2010 : Writ Petition filed under Article 226 of
the Constitution of India, pleased to issue a Writ of Certiorari calling for the
records of the first respondent relating to its order, dated 08.05.2008 passed
in C.P.No.90 of 2007 and quash the same as illegal and without jurisdiction.
Prayer in W.P.No.28729 of 2010 : Writ Petition filed under Article 226 of
the Constitution of India, pleased to issue a Writ of Certiorari calling for the
records of the first respondent relating to its order, dated 08.05.2008 passed
in C.P.No.92 of 2007 and quash the same as illegal and without jurisdiction.
For Petitioner : Mr.G.Anand Gopalan
(in all W.Ps)
For Respondents : R1 - Labour Court
(in all W.Ps)
: R2 - Notice served
COMMON ORDER
All these Writ Petitions are connected to each other and as such, are
taken up together and disposed of by this common order.
2. In these Writ Petitions, the individual orders passed in the Claim
Petitions filed by the respective second respondent are under challenge. By
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W.P.Nos.28727, 28728 and 28729 of 2010
claiming that they have not paid the ex-gratia amount, the second respondent
in the respective Writ Petitions approached the Labour Court under Section
33 of the Industrial Disputes Act, 1947, to compute the amount payable to
them. The Labour Court, by the orders impugned, has passed orders dated
21.05.2008 and 08.05.2008 respectively computing the amount of ex-gratia
payable to them. Aggrieved by the same, the management is before this
Court.
3. When the matter came up for hearing, the learned Counsel for the
petitioner submitted that the matters are no longer res integra and this Court
by earlier orders in W.P.Nos.32553 to 32565 of 2002 and W.P.No.22107 of
2013 has held that in the matter of ex-gratia, there is no pre-existing right
and therefore, the employees cannot directly file a petition under Section 33
C (2) of the Industrial Disputes Act.
4. Even though notices were served, the workmen are neither
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W.P.Nos.28727, 28728 and 28729 of 2010
represented by any Counsel nor they are appearing in person before this
Court.
5. I perused the said two judgments referred by the learned Counsel
for the petitioner and it is clear that with reference to the petitioner
Electricity Board itself, this Court has held that there is no any pre-existing
right with reference to ex-gratia and petitions straight away under Section 33
C of the Industrial Disputes Act are not maintainable.
6. In view thereof, all these Writ Petitions are allowed and the orders
passed in C.P.Nos.80, 90 and 92 of 2007, dated 21.05.2008 and 08.05.2008
respectively shall stand set aside. No costs. Consequently, connected
Miscellaneous Petitions are closed.
07.01.2025
Neutral Citation : no
grs
To
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W.P.Nos.28727, 28728 and 28729 of 2010
The Presiding Officer,
Labour Court,
Vellore.
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W.P.Nos.28727, 28728 and 28729 of 2010
D.BHARATHA CHAKRAVARTHY, J.
grs
W.P.Nos.28727, 28728 and 28729 of 2010
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W.P.Nos.28727, 28728 and 28729 of 2010
07.01.2025
https://www.mhc.tn.gov.in/judis
