Madras High Court
The Management Of Madras vs The Presiding Officer on 20 November, 2023
W.P.No.37881 of 2005
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.11.2023
CORAM:
THE HON'BLE MR.JUSTICE K.KUMARESH BABU
W.P.No.37881 of 2005
and W.P.M.P.No.9 of 2014
The Management of Madras
Aluminium Company Limited,
Mettur Dam. ... Petitioner
Vs
1.The Presiding Officer,
Labour Court, Salem.
2.M.Raman
3.T.Manickam
4.Chinnasamy
5.N.Thangavel
6.M.R.Appu
7.S.Subramaniam
8.A.Dhandayuthapani
9.S.Muthusamy
10.M.Arumugam
11.P.K.Kuttappa Nair
12.B.Manickam
13.Singaravelu
14.S.Muthusamy (deceased)
15.K.Gopalsamy
16.M.Vijayakumar
17.T.Sevi
18.M.K.Sivagnanam
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W.P.No.37881 of 2005
19.M.Kaveriappan
20.M.Munusamy
21.K.Sivasamy
22.C.Rajendran
23.B.Adbul Kuthus
24.Chinnammal
25.Rajasekaran
26.P.Krishnan
27.V.Ayyannan
28.P.Deivaraj
29.A.Perumal
30.T.P.Easwarabn
31.C.Manickam
32.T.K.Gopalan
33.A.Pushparaj
34.S.Palanisamy
35.P.Swaminathan
36.P.Ganesan
37.K.Chinnyusamy
38.R.Siril
39.R.Srinivasan
40.Nallappan
41.C.A.Naatrajan
42.T.K.Narayanan
43.Nanjamma
44.P.Rajarathinam
45.K.Natesan
46.M.Abdul Munaff
47.S.J.Sundararajan
48.V.Krishnan
49.N.Rangasamy
50.P.Sembani
51.M.Subramaniam
52.L.Gurusamy
53.U.Ganapathy
54.Padmanathan
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W.P.No.37881 of 2005
55.Rajagopal
56.Rajeswari
57.Ravichandran
58.N.Duraisamy
59.S.J.Karunakaran
60.S.Dhandapani
61.A.Somasundaram
62.V.Govindarajan (Deceased)
63.Alphones Mary
64.Josephin Margaret
65.Maria Jesintha
66.R.Rathinasamy
67.R.Appu
68.V.Arulanandam
69.K.Ramachandran
70.S.Purushothaman
71.K.Nagarajan
72.V.Sundaram
73.M.Muthu
74.S.Govindan
75.S.Periasamy
76.K.Kandayammal
77.M.Senthil
78.M.Vasanthi
79.Sakunthala
80.Yasodha
81.Sobana
82.Sangeetha ... Respondents
R76 to R78 substituted as Lrs in the place of deceased 14 th respondent as
per order dated 30.01.2013 in W.P.M.P.No.409 of 2011
R79 to R82 substituted as Lrs in the place of deceased 62nd respondent as
per order dated 30.01.2013 in W.P.M.P.No.409 of 2011.
PRAYER:- Writ Petition filed under Article 226 of the Constitution of
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W.P.No.37881 of 2005
India, to issue a Writ of Certiorari to call for the records of the 1 st
respondent in C.P.Nos.287 to 301, 326 to 330, 332 to 342, 347, 348, 350 to
353, 376, 386, 398, 399, 456, 457, 459, 465, 486 to 489, 630 and 685 of
2002 and 139, 170 to 172, 197 to 200, 265 to 267, 290, 291, 330, 331 of
2003 and 4/ 2004 and 206/2004 and quash the order dated 30.03.2005.
For Petitioner : Mr.P.Ragunathan
for T.S.Gopalan
For R1 : Labour Court
For RR2 to 27, 29 to 60,
61 to 67, 69 to 71, 73 & 74 : No appearance
ORDER
This Writ Petition had been filed against the common order passed in various Computation Petitions of the employees. Under a common order, 68 Computation Petitions were allowed and 1 Computation Petition in C.P.No.487 of 2003 had been dismissed.
2. The learned counsels appearing for their respective parties would submit that a settlement had been arrived at between the Management and the employees that each of the Claim Petition filed by the employees and the 4/8 https://www.mhc.tn.gov.in/judis W.P.No.37881 of 2005 employees legal heirs. Now the Management had come to an understanding with each of the claim petitioners that, each of their employees would be entitled to a sum of Rs.1,00,000/- (Rupees One Lakh only) which is also accepted by the learned counsel appearing for their respective respondents. The learned counsel for the respondents have also made a submission that no further claim will be made.
3. In such view of the matter, the petitioner shall deposit the sum of Rs.1,00,000/- (Rupees One Lakh only) each to the account of the 68 allowed claim petitions within a period of four (4) weeks from today ie., by 18.11.2023. The Labour Court shall keep the said amount to the credit of the respective Computation Petitions in a interest bearing account in a Nationalised bank. The respective petitioners in the Claim Petitions are at liberty to approach the Labour Court for withdrawal of the said amount within 18.05.2024. If there are no withdrawals made on the such deposit, the petitioner is at liberty to take out appropriate applications before the Labour Court and the Labour Court shall refund the amount. In such cases, the respective claim petitioners who have not made their claim before the 5/8 https://www.mhc.tn.gov.in/judis W.P.No.37881 of 2005 Labour Court are at liberty to approach the petitioner for the payment of such amount. However, it is made clear that if such belated claim is made, they are not entitled for any interest.
4. With the aforesaid directions, this Writ Petition is disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
20.11.2023
gba
Index : Yes/No
Speaking order : Yes/No
Neutral Citations : Yes/No
To
The Presiding Officer,
Labour Court, Salem.
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W.P.No.37881 of 2005
K.KUMARESH BABU,J.
Gba
W.P.No.37881 of 2005
and W.P.M.P.No.9 of 2014
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W.P.No.37881 of 2005
20.11.2023
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