Madras High Court
D.Ramesh vs The Presiding Officer-Cum-The Learned ... on 17 November, 2025
Author: M.S.Ramesh
Bench: M.S. Ramesh
W.A.Nos.2113 & 2023 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.11.2025
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR. JUSTICE R. SAKTHIVEL
W.A.Nos.2113 & 2023 of 2025
and C.M.P.Nos.16001, 16004 of 2025
D.Ramesh ... Appellant in both WAs
Vs.
1.The Presiding Officer-cum-the Learned Labour Court,
Puducherry – 605 001.
... 1st respondent in WA.No.2113/2025
1.The Presiding Officer,
Labour Court-cum-Industrial Tribunal,
Puducherry – 605 111.
... 1st respondent in WA.No.2023/2025
2.The General Manager,
Larsen and Toubro Ltd.,
Pondicherry Works,
Mylam Road, Sedarapet,
Puducherry – 605 111. ... 2nd Respondent in both WAs
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W.A.Nos.2113 & 2023 of 2025
Prayer in WA.No.2113/2025: Writ Appeal filed under Clause 15 of the
Letters Patent, seeking to set aside the order dated 02.04.2025 passed in
WP.No.20524 of 2016 and allow this Writ Appeal.
Prayer in WA.No.2023/2025: Writ Appeal filed under Clause 15 of the
Letters Patent, seeking to set aside the order dated 02.04.2025 passed in
WP.No.27358 of 2016 and allow this Writ Appeal, directing the
respondent to pay the remaining 50% back wages to the appellant with all
consequential benefits.
(in both WAs)
For Appellant : Mr.P.R.Thiruneelakandan
For R1 : Labour Court
For R2 : Mr.L.Chandrakumar
for Mr.V.Moorthi
COMMON JUDGMENT
(Judgment of the Court was made by M.S.RAMESH, J.)
Before the learned Single Judge, the appellant herein/workman had
not appeared when the final order was passed on 02.04.2025. By taking
into account the submission of the learned counsel for the second
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W.A.Nos.2113 & 2023 of 2025
respondent/Management that the respondent Factory was closed and the
workman had also reached the age of superannuation, the learned Single
Judge had ordered for one time settlement of Rs.8,00,000/-.
2. Before us, it is canvassed by the learned counsel for the appellant
that the appellant/workman is yet to reach the age of superannuation and
that the second respondent/Management has other units where he could be
reinstated. Having failed to canvass these grounds before the learned
Single Judge, it would not be desirable to appreciate these grounds when
such grounds were not canvassed before the learned Single Judge. In this
background, we deem it appropriate that this case can be remitted back to
a learned Single Judge for fresh consideration.
3. At this juncture, it is brought to our notice that the amount of
Rs.8,00,000/- of compensation, as ordered by the learned Single Judge,
was already credited to the account of the concerned workman. The
learned counsel for the appellant however would claim that though they
had offered to refund the sum of Rs.8,00,000/-, the Management has
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W.A.Nos.2113 & 2023 of 2025
refused to receive the same.
4. Accordingly, the common order passed in W.P.Nos.20524 &
27358 of 2016 dated 02.04.2025, is hereby set aside and the matter is
remitted back to a learned Single Judge for reconsideration. The appellant
herein is at liberty to raise all the grounds in these Writ Appeals before the
learned Single Judge. With regard to the amount of Rs.8,00,000/- already
paid to the appellant, we hereby clarify that the appellant/workman shall
not be entitled to file a 17B application, claiming last drawn wages,
pending the Writ Petition.
5. In view of the above, these Writ Appeals stand disposed of. No
costs. Connected miscellaneous petitions are closed.
[M.S.R, J.] [R.S.V, J.]
17.11.2025
Index: Yes/No
Speaking order/Non-speaking order
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W.A.Nos.2113 & 2023 of 2025
Neutral Citation: Yes/No
Sni
To
1.The Presiding Officer-cum-the Learned Labour Court,
Puducherry – 605 111.
2.The General Manager,
Larsen and Toubro Ltd.,
Pondicherry Works,
Mylam Road, Sedarapet,
Puducherry – 605 111.
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W.A.Nos.2113 & 2023 of 2025
M.S.RAMESH, J.
and
R. SAKTHIVEL, J.
Sni
W.A.Nos.2113 & 2023 of 2025
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W.A.Nos.2113 & 2023 of 2025
17.11.2025
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