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The Management Of vs Prakash S
2025 Latest Caselaw 8826 Mad

Citation : 2025 Latest Caselaw 8826 Mad
Judgement Date : 21 November, 2025

Madras High Court

The Management Of vs Prakash S on 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


              1/13




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                                                  W.P.Nos.33980, 33982, 34384, 34387, 33986, 33988 and 33991 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
              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.


              2/13




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                                                         W.P.Nos.33980, 33982, 34384, 34387, 33986, 33988 and 33991 of 2025



              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
              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

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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, 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

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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 discretion in a sound

and reasonable manner and therefore, this Court should not interfere with the

impugned order passed by the Labour Court.

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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

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examined his witness M.W.1, and later, on 30.05.2024, M.W1 was cross-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

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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

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

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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

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

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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.

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

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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

https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/11/2025 03:35:07 pm )

 
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