Citation : 2025 Latest Caselaw 8738 Mad
Judgement Date : 19 November, 2025
2025:MHC:2658
W.A.No.3417 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.11.2025
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR. JUSTICE R.SAKTHIVEL
W.A.No.3417 of 2025
and CMP.No.27934 of 2025
The Principal District Institute
of Educational and Training,
Kaliyampoondi,
Kancheepuram District. ... Appellant
Vs.
1.Alamelu
W/o. I.Annamalai,
Chetput Village,
Perunagar Post,
Uthiramerur Taluk,
Kancheepuram District
2.The Presiding Officer,
Second Additional Labour
Court, Chennai-600 104. ... Respondents
PRAYER: Appeal is filed under Clause 15 of the Letters Patent, praying to
set aside the order dated 21.07.2023 made in W.P.No.7260 of 2017.
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W.A.No.3417 of 2025
For Appellant : Mr.K.H.Ravikumar
Government Advocate
For Respondents : Mr.V.Ajay Khose for R1
JUDGMENT
(Judgment of this Court was delivered by M.S.RAMESH.J)
This Writ Appeal has been filed to set aside the order dated
21.07.2023 made in W.P.No.7260 of 2017.
2. When the first respondent herein had challenged her oral
termination, dated 20.10.2004, by the Appellant / Management before the
Labour Court in I.D.No.316 of 2006, the same came to be allowed by
directing the appellant herein to reinstate her along with the back wages and
other benefits.
3. Before the Labour Court, the only objection raised by the
Appellant / Management is that the first respondent was appointed by the
Students' Committee and that there was no employer - employee
relationship between the appellant and the first respondent herein. However,
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the appellant had not adduced any satisfactory evidence before the Labour
Court to substantiate their claim. On the other hand, the first respondent had
marked Ext.W1, I.D card and Ext.W2, salary slip, which were issued by the
Management. On the strength of these documentary evidences and other
materials, the Labour Court had established the employer - employee
relationship between the appellant and the first respondent and accordingly,
had ordered for reinstatement and back wages.
4. When the appellant had challenged the award before the learned
Single Judge, all these aspects with regard to the evidences available before
the Labour Court and the consequential award for reinstatement, have been
properly appreciated and the Writ Petition came to be dismissed.
5. Even before us, the learned Government Advocate for the appellant
would raise the same ground that the first respondent was appointed only by
the Students' Committee and that, they were not her employer.
6. When there were sufficient materials before the Labour Court to
substantiate the employer - employee relationship between the appellant and
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the first respondent and that the Management had failed to produce any
evidence to disprove the same, we are unable to countenance the arguments
of the learned Government Advocate for the appellant.
7. The first respondent appears to have been terminated way back on
20.10.2004, and though 21 years have passed, she is yet to receive the
benefits of the award. In this background, it would be appropriate to direct
the Appellant / Management to forthwith pay the monetary benefits to the
first respondent herein within the stipulated time.
8. In the light of the above findings, the Writ Appeal stands
dismissed. The Appellant / Management is called upon to forthwith comply
with the award passed in I.D.No.316 of 2006 dated 05.08.2016 on or before
07.12.2025.
9. Post the matter on 08.12.2025 under the caption 'for recording
compliance'.
[M.S.R., J] [R.S.V.,J]
19.11.2025
Index: Yes/No
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Speaking/Non-speaking order
Neutral Citation: Yes/No
Anu
To
The Presiding Officer,
Second Additional Labour
Court, Chennai-600 104.
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M.S.RAMESH, J.
and
R.SAKTHIVEL, J.
Anu
19.11.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/11/2025 01:45:03 pm )
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