Madras High Court
The Tamil Nadu Industrial Investment ... vs Amman Wovensacks Employees Union on 16 June, 2022
Author: R.Suresh Kumar
Bench: R.Suresh Kumar
Review Application No.45 of 2021
in W.P.No.19854 of 2008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2022
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR
Review Application No.45 of 2021
in W.P.No.19854 of 2008
The Tamil Nadu Industrial Investment Corporation Ltd.,
Rep. by its Chairman,
New No.692, Anna Salai,
Nandanam, Chennai – 600 035. ... Petitioner/2nd Respondent
..Vs..
1.Amman Wovensacks Employees Union,
Rep. by its General Secretary,
No.42, Cuddalore Road,
Bharathi Mill Thittu, Mudaliarpet,
Puducherry – 605 004. ... Respondent/Petitioner
2.The Collector-cum-District Magistrate,
Puducherry.
3.M/s.Amman Wovensacks Ltd.,
Rep. by its Managing Director,
Nos.4 & 5, V Floor 'B' Block,
24, Thanikachalam Road,
T.Nagar, Chennai – 600 017. ... Respondents/Respondents 1 & 3
Review Application filed under Order 47 Rule 1 & 2 r/w. Section
114 of CPC, praying for review in order dated 04.11.2020 passed by
this Hon'ble Court in W.P.No.19854 of 2008.
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https://www.mhc.tn.gov.in/judis
Review Application No.45 of 2021
in W.P.No.19854 of 2008
For Petitioner : Mr.I.Sathish
For Respondents : M/s.G.Djearany
Government Advocate [R.2]
ORDER
This Review Application has been filed for reviewing the order passed by this Court dated 04.11.2020 in W.P.No.19854 of 2008.
2. in the said order, this Court after having heard the learned respective counsels appearing for the parties have given a set of directions. In this context, now the review application filed by the present review petitioner, who was the second respondent in the main writ petition, on the main ground that in para 5 of the order, the stand taken by the learned Standing counsel appearing for TIIC was recorded by this Court. Therefore, based on such submission made by the learned Standing counsel, taking it as a consent, such an order was passed by this Court in the said writ petition. But factually it is incorrect, as no such instruction was given to the learned Standing counsel appearing for the TIIC to give any such consent, to pass orders in the writ petition.
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3. This has been mainly focused by Mr.I.Satish, learned counsel appearing for the review petitioner now.
4. I have considered the rival submissions of both the learned counsels and perused my order dated 04.11.2020.
5. In paragraph 5 of the order, the following has been stated;
"5.Heard the learned Standing counsel appearing for the second respondent, who would submit that, as has been stated by the learned counsel appearing for the petitioner, the second respondent having sold the property belonging to the third respondent / Management, of course pursuant to the orders passed by this Court, deposited the sale proceeds in the Indian Bank, Cuddalore, Main branch in the year 2009 and the said amount is still lying in the said account, therefore, statutory dues, Gratuity and Bonus can very well be disbursed."
6. What has been stated in paragraph 5 was recording of the submission that has been made by the learned counsel appearing for the TIIC. That does not mean that, based on that submission and by taking it as a consent given by the or given on behalf of the TIIC, the Court was pleased to proceed to pass orders in the writ petition dated 3/8 https://www.mhc.tn.gov.in/judis Review Application No.45 of 2021 in W.P.No.19854 of 2008 04.11.2020.
7. The fact remains that, the workers union, who are the main writ petitioner have filed the said writ petition to run the industry. However, the industry could not run because it become weaker and there was no feasibility of running the industry, therefore the property belonging to the industry was permitted to be sold. Accordingly, the property was sold and how that sale proceed to be disbursed was the question arose during the pendency of the writ petition where a learned judge of this Court, during the pendency of this writ petition passed an order directing the TIIC to deposit a sum of Rs.35,00,000/- in a fixed deposit in the Indian Bank, Cuddallore, Main branch in the year 2009 for purpose of disbursement of statutory dues payable to the workers of the petitioner / Union.
8. Pursuant to the said direction, the said amount of Rs.35,00,000/- was deposited in said branch of Indian Bank and with accrued interest, the amount was lying in the bank account till the disposal of the writ petition dated 04.11.2020. 4/8 https://www.mhc.tn.gov.in/judis Review Application No.45 of 2021 in W.P.No.19854 of 2008
9. Therefore, taking into account of the said situation and also taking into account all the submissions made by all the learned counsels appearing for the parties in the writ petition, this Court passed a detailed order on 04.11.2020 giving a set of directions out of which direction No.1 reads thus;
"(i) That the Deputy Commissioner of Labour, Puducherry, is hereby directed to take necessary steps to verify the amount lying in the aforesaid Writ petition in W.P.No.19854 of 2008, account at Indian Bank, Cuddalore, Main Branch from the year 2009 and accordingly file necessary request to the said Bank pursuant to this order to withdraw the said amount for the purpose of disbursement of Gratuity Due payable to the employees of the third respondent, who are the members of the petitioner / Union and the list of employees would be furnished by the petitioner / Union to the Deputy Commissioner of Labour, Puducherry shortly and based on which, according to the due payable to each of the employees only under Head of Gratuity with bonus, it can be paid or disbursed by the Deputy Commissioner of Labour, Puducherry."
As per the said direction, the Deputy Commissioner, Puducherry was empowered to make a request to the Bank for the purpose of withdrawing the remaining amount, after deducting the amount for the 5/8 https://www.mhc.tn.gov.in/judis Review Application No.45 of 2021 in W.P.No.19854 of 2008 purpose of PF Authorities, who will have the first charge, for the purpose of disbursing the same to the employee, the statutory dues like gratuity with bonus as per eligibility of each of the employee, who belongs to the petitioner / Union for which, the list of such employees shall also be furnished by the writ petitioner / Union.
10. However, before the Deputy Commissioner of Labour acts upon as per the direction No.1 of the order dated 04.11.2020, the review petitioner herein i.e., the TIIC at that juncture seems to have received a e-mail dated 29.03.2021 from the bank stating that after the Court order a sum of Rs.35,00,000/- favouring the Regional Provident Fund Commissioner, Puducherry from the current account No.410603377 was transferred on 29.03.2021, based on which the TIIC i.e., the Review Petitioner herein sends a letter to the Bank on 26.04.2021 wrongly typed 26.03.2021, requesting the Bank to return the term deposit amount of Rs.35,00,000/- held in the Bank along with the interest amount to the current account of the TIIC i.e., A/c.No.410603366. Pursuant to the said request made by the TIIC, the Bank has transferred entire amount of Rs.35,00,000/- along with accrued interest which comes around Rs.59,48,852/- in the said 6/8 https://www.mhc.tn.gov.in/judis Review Application No.45 of 2021 in W.P.No.19854 of 2008 current account of TIIC.
11. Only this action on the part of the TIIC has now been questioned as a contemptible action on the part of the TIIC in the Contempt petition in C.P.No.1033 of 2021 which infact was filed arising out of W.P.No.33576 of 2012, where also this Court passed a separate order i.e., on 04.11.2020 about the statutory dues payable by the management to the workers through the P.F Authorities.
12. If that being so, absolutely there is no ground available for the petitioner to seek for reviewing the order dated 04.11.2020 made in W.P.No.19854 of 2008. Hence, this Court is inclined to dismiss this Review petition as devoid of any grounds.
13. Accordingly, the Review Application stands dismissed. No costs.
16.06.2022 mrm Index: Yes/No Internet: Yes/No Speaking Order/Non Speaking Order 7/8 https://www.mhc.tn.gov.in/judis Review Application No.45 of 2021 in W.P.No.19854 of 2008 R.SURESH KUMAR., J mrm To
1.General Secretary, Amman Wovensacks Employees Union, No.42, Cuddalore Road, Bharathi Mill Thittu, Mudaliarpet, Puducherry – 605 004.
2.The Collector-cum-District Magistrate, Puducherry.
Review Application No.45 of 2021 in W.P.No.19854 of 2008 16.06.2022 8/8 https://www.mhc.tn.gov.in/judis