Citation : 2025 Latest Caselaw 8825 Mad
Judgement Date : 21 November, 2025
W.P.Nos.33980, 33982, 34384, 34387, 33986, 33988 and 33991 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
ORDER RESERVED ON : 29.10.2025
ORDER PRONOUNCED ON : 21.11.2025
CORAM
THE HON'BLE MRS. JUSTICE N.MALA
W.P.Nos.33980, 33982, 34384, 34387, 33986, 33988 and 33991 of 2025
and WMP.Nos.38134,38548, 38550, 38139, 38141 and 38148 of 2025
The Management of
G.E. Vernova T & D India (P) Ltd.,
Formerly Known as G.E. T&D India Ltd.,
Plot No.46, SIPCOT,
Zuzuvadi,
Hosur- 635 126.
Rep. by its Authorised Signatory
...Petitioner in all WP Nos.
Vs
Prakash S ...Respondent in WP No.33980 of 2025
Rabiraj ...Respondent in WP No.33982 of 2025
C.Prabhakaran ...Respondent in WP No.34384 of 2025
P.Rooban Kumar ...Respondent in WP No.34387 of 2025
C.Chinnasamy ...Respondent in WP No.33986 of 2025
G.Vignesh ...Respondent in WP No.33988 of 2025
N.Devaraj ...Respondent in WP No.33991 of 2025
Prayer in WP No.33980 of 2025: Writ petition is filed under Article 226 of the
Constitution of India, pleased to issue a Writ of Certiorarified Mandamus calling for
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W.P.Nos.33980, 33982, 34384, 34387, 33986, 33988 and 33991 of 2025
the records of the Labour Court, Hosur in I.A.No.5/2024 in ID No.23/2022, quash its
order dated 05.08.2025 and further direct the Labour Court, Hosur to reopen and
permit the petitioner to adduce further evidence in ID No.23 of 2022.
Prayer in WP No.33982 of 2025: Writ petition is filed under Article 226 of the
Constitution of India, pleased to issue a Writ of Certiorarified Mandamus calling for
the records of the Labour Court, Hosur in I.A.No.5/2024 in ID No.24/2022, quash its
order dated 05.08.2025 and further direct the Labour Court, Hosur to reopen and
permit the petitioner to adduce further evidence in ID No.24 of 2022.
Prayer in WP No.34384 of 2025: Writ petition is filed under Article 226 of the
Constitution of India, pleased to issue a Writ of Certiorarified Mandamus calling for
the records of the Labour Court, Hosur in I.A.No.5/2024 in ID No.26/2022, quash its
order dated 05.08.2025 and further direct the Labour Court, Hosur to reopen and
permit the petitioner to adduce further evidence in ID No.26 of 2022.
Prayer in WP No.34387 of 2025: Writ petition is filed under Article 226 of the
Constitution of India, pleased to issue a Writ of Certiorarified Mandamus calling for
the records of the Labour Court, Hosur in I.A.No.5/2024 in ID No.27/2022, quash its
order dated 05.08.2025 and further direct the Labour Court, Hosur to reopen and
permit the petitioner to adduce further evidence in ID No.27 of 2022.
Prayer in WP No.33986 of 2025: Writ petition is filed under Article 226 of the
Constitution of India, pleased to issue a Writ of Certiorarified Mandamus calling for
the records of the Labour Court, Hosur in I.A.No.5/2024 in ID No.25/2022, quash its
order dated 05.08.2025 and further direct the Labour Court, Hosur to reopen and
permit the petitioner to adduce further evidence in ID No.25 of 2022.
Prayer in WP No.33988 of 2025: Writ petition is filed under Article 226 of the
Constitution of India, pleased to issue a Writ of Certiorarified Mandamus calling for
the records of the Labour Court, Hosur in I.A.No.6/2024 in ID No.21/2022, quash its
order dated 05.08.2025 and further direct the Labour Court, Hosur to reopen and
permit the petitioner to adduce further evidence in ID No.21 of 2022.
Prayer in WP No.33991 of 2025: Writ petition is filed under Article 226 of the
Constitution of India, pleased to issue a Writ of Certiorarified Mandamus calling for
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W.P.Nos.33980, 33982, 34384, 34387, 33986, 33988 and 33991 of 2025
the records of the Labour Court, Hosur in I.A.No.5/2024 in ID No.22/2022, quash its
order dated 05.08.2025 and further direct the Labour Court, Hosur to reopen and
permit the petitioner to adduce further evidence in ID No.22 of 2022.
For Petitioner (s) : Mr.Haroon Al.Rasheed
in all WP Nos. for M/s.Advit Law Chambers
For Respondent (s): Mr.K.V.Shanmuganathan
in all WP Nos.
COMMON ORDER
These writ petitions are filed challenging the orders dated 05.08.2025, of the
Labour Court, Hosur in the interlocutory applications, filed to reopen and permit the
petitioner to adduce further evidence in I.D's.
2. As the issues raised in the writ petitions are common, the writ petitions are
disposed of by this common order.
3. The petitioner is a limited company engaged in manufacture of highly
technical electrical equipment such as High Voltage Instrument Transformers,
AIS/GIS Switchgears, CTs, CVTs, EMVTs, Bushings, Capacitors etc. and allied
products. The respondents were engaged as technician trainees from 08.04.2019,
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and their training period was periodically extended till 07.04.2022. The petitioner's
case is that due to pandemic induced downturn, the traineeships could not be
continued, and therefore the respondents were duly relieved with an ex-gratia
amount exceeding statutory retrenchment benefits. The respondent's challenged the
said ex-gratia by raising a dispute before the Labour Court, Hosur. After completion
of initial evidence, the petitioner sought to adduce additional evidence and for the
said purpose filed the applications. The Labour Court however rejected the
applications. Aggrieved by the rejection of the petitioner's application for reopening
the evidence and for filing additional documents, the petitioner has filed the above
writ petition for the aforesaid relief.
4. The respondents filed detail counter stating inter alia that the petitioner was
given ample opportunities by the Labour Court to adduce additional evidence, but
the petitioner failed to utilise the opportunities. The respondent stated that the
petitioner filed the said application with the sole object of protracting the
proceedings. The respondent further stated that the Labour Court cannot be faulted,
since the affidavit for reopening and adducing additional evidence was bereft of
particulars. The respondent submitted that the Labour Court had exercised its
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discretion in a sound and reasonable manner and therefore, this Court should not
interfere with the impugned order passed by the Labour Court.
5. Heard both the learned counsels and perused the materials placed on record.
6. The petitioner's application for reopening the evidence and adducing
additional evidence was rejected by the Labour Court on three grounds, that, the
adjudication passed by the Court revealed that the petitioner had not utilised earlier
opportunities provided to him for producing additional evidence, that the averments
stated in the petitioner's affidavit lacked details of witness and documents produced
by him, which would obviate the respondent from effectively contesting the petition
and that the petitioner had failed to aver how the proposed evidence was material and
necessary to decide the controversy between the parties.
7. From the materials placed on record, this Court finds that the ID was filed
on 20.10.2022, and the petitioner entered appearance on 14.11.2022 and thereafter,
the respondent completed his side evidence on 14.09.2023. Subsequently, the
petitioner examined his witness M.W.1, and later, on 30.05.2024, M.W1 was cross-
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examined. Thereafter, the Labour Court adjourned the matter to 03.10.2024, for
additional evidence of the petitioner. On 03.10.2024, the petitioner did not summon
his witness and therefore the Labour Court adjourned the case to 17.10.2024. On
17.10.2024, the petitioner filed adjournment petition, but the same was dismissed by
the Labour Court and the petitioner's side evidence was closed. Thereafter, the
petitioner filed the I.A on 24.10.2024, seeking to reopen the case for adducing
additional evidence and for marking the documents. The said facts clearly reveal
that the petitioner was given amply opportunity to adduce additional evidence.
Despite the aforesaid opportunities, the petitioner failed to utilise the same and
therefore, the reasoning of the Labour Court in this regard cannot be faulted.
8. Upon perusal of the affidavit filed in support of the petition, it is found that
the petitioner has not given the particulars of the evidence proposed to be adduced
by him, and the relevancy of the same to the issues involved. Therefore, the Labour
Court's finding that the petitioner's affidavit was vague and bereft of the relevancy of
the said documents to the issue cannot be faulted.
9. Before this Court, for the first time the petitioner stated that it proposed to
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examine its HR Manager and through him, wanted to file documents like the
Government training manual prescribed by the Government for various trades, hand
bills and notice issued by various companies regarding the training programs as that
of the petitioner company, details of NEEM schemes promoted by the Government
prescribing training period for trainees and few other notifications. The petitioner in
his writ affidavit has stated that, had the Labour Court, given him an opportunity to
specify the details, the petitioner would have certainly provided the same. The
petitioner has stated that it wanted to examine the retired Director of technical
institute, but since he was unable to accommodate the petitioner owing to his old
age, the petitioner proposed to examine its HR manager and through him, mark the
aforesaid documents. The petitioner has not whispered, as to when he obtained the
documents. Further, the petitioner had examined the HR manager earlier, and hence
could have marked the documents through him. Since the documents are public
documents relating to Government training manual and Government schemes, apart
from the notifications of the Government, nothing prevented the petitioner from
producing them earlier. As already stated, the Labour Court had given sufficient
opportunity to the petitioner during the enquiry and before closure of evidence to
adduce additional evidence. In the affidavit in support of the petition for additional
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evidence and in the affidavit in support of the writ petition, absolutely no
explanation is given for the omission to produce the documents earlier. Therefore,
this Court is constrained to view that the petition to re-open and file additional
documents is only an attempt to fill up the lacunae in the case, which cannot be
permitted under the guise of leading additional evidence.
10. There is no dispute on the legal proposition that the Labour Court has
jurisdiction to entertain an application for reopening and adducing additional
evidence, for doing complete justice to both the parties. However, this Court finds
that the judgment in the case of Hindustan Petroleum Corporation Ltd., Madras
(by Deputy General Manager) versus Third Additional Labour Court, Madras, and
another, reported in 1985 (2) LLN 787, relied on by the learned counsel for the
petitioner does not apply to the facts of the case. It is trite that, the interference
under Article 226 of the Constitution in interlocutory matters is limited to correcting
jurisdictional errors or patent illegality. It is to be noted that the discretionary power
to permit further evidence must be used sparingly, and that too to meet the ends of
justice. This Court finds that the impugned order is based on sound reasoning and
that the Labour Court has exercised its jurisdiction judiciously. Therefore, this Court
is of the view that the impugned order calls for no interference.
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For all the above reasons, this Court finds no merit in the writ petitions and
hence, all the writ petitions are dismissed. No costs. Consequently, the connected
miscellaneous petitions are closed.
21.11.2025 Index:Yes/No Speaking Order:Yes/No Neutral Citation:Yes/No Internet:Yes dsn
To The Presiding Officer, Labour Court, hosur.
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N.MALA,J.
dsn
Order in W.P.Nos.33980, 33982, 34384, 34387, 33986, 33988 and 33991 of 2025
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Order Pronounced on 21.11.2025
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