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2025 DAILYLAW 28818 (MAD)

THE MANAGEMENT v. D ESWARAN

WP/6979/2025 · 2025-02-28

M Dhandapani

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.6979 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.02.2025 CORAM : THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.No.6979 of 2025 and W.M.P.No.7710 of 2025 The Management, No.K141, Malayandi Pattanam Primary Agriculture Co-operative Credit Society, Malayandi Pattanama Post, Anamalai Taluk – 642 114, Coimbatore District. ... Petitioner Vs. D.Eswaran ... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records relating to order dated 12.12.2024 passed in I.D.No.44 of 2023 on the file of the Additional Labour Court, Coimbatore, to quash the same. For Petitioner : M/s.Kanimozhi Mathi For Respondent : Notice dispensed with ***** ORDER This Writ Petition has been filed by the petitioner seeking for a Writ of Page No.1 of 4 https://www.mhc.tn.gov.in/judis W.P.No.6979 of 2025 Certiorari, to call for the records relating to order dated 12.12.2024 passed in I.D.No.44 of 2023 on the file of the Additional Labour Court, Coimbatore and to quash the same. 2. Since no adverse order has been passed against the respondent, notice to the respondent is dispensed with. 3. The case of the petitioner is that, the respondent was working in Pollachi Co-operative Whole Sale Store and was cautioned several times for not following employment discipline. For involving in criminal cases, unauthorised absence for 713 days and deviating the procedures, disciplinary proceedings was initiated on the respondent as per Society Employees Special Additional Rules 22(9) and he was dismissed from services from 01.02.2023 as per Resolution No.1 of the Society. Thereafter, the respondent raised an industrial dispute in I.D.No.44 of 2023 on the file of the Additional Labour Court, Coimbatore and the Labour Court passed a preliminary order dated 12.12.2024 in favour of the respondent. Challenging the same, the present writ petition is filed. 4. Though very many grounds have been raised in this writ petition, Page No.2 of 4 https://www.mhc.tn.gov.in/judis W.P.No.6979 of 2025 however, at the time of arguments, learned counsel appearing for the petitioner restricted his prayer and sought permission of this Court to mark all the necessary documents before the Labour Court through the management witness, since the management witness was not examined earlier. Upon production of the documents, the Labour Court may be directed to dispose of the I.D., after providing opportunity to the petitioner as well as the respondent, within a time frame that may be stipulated by this Court. 5. In view of the aforesaid stand taken by the learned counsel appearing for the petitioner, this Court, without interfering with the impugned order, permits the petitioner to produce all the necessary documents through management witness before the Labour Court and upon production, the Labour Court is directed to dispose of the I.D.No.44 of 2023, within a period of six months thereafter, after providing opportunity to the petitioner/management as well as the respondent/workman. 6. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected writ miscellaneous petition is closed. 28.02.2025 Page No.3 of 4 https://www.mhc.tn.gov.in/judis W.P.No.6979 of 2025 Index : Yes / No Speaking order / Non-speaking order Neutral Citation Case : Yes / No sp M.DHANDAPANI, J. sp To The Additional Labour Court, Coimbatore. W.P.No.6979 of 2025 28.02.2025 Page No.4 of 4 https://www.mhc.tn.gov.in/judis