WP No. 15674 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-07-2025 CORAM THE HONOURABLE MR.JUSTICE P. DHANABAL WP No. 15674 of 2022 and WMP No.14915 of 2022 The Management S.1523, Dr. Ambedkar Salem City, Co- operative House Building Society Ltd., Rep. by its President, No.9, Paul Pillai Street, Fort, Salem 636 001. Petitioner Vs S.Subramanian Respondent PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records of the ex-Parte award passed by the Labour Court, Salem in ID No. 141 of 2009 dated 15.02.2010 quash the same. For Petitioner: Mr.M.S.Palaniswamy For Respondent: M/s. S. Umapathy https://www.mhc.tn.gov.in/judis WP No. 15674 of 2022 ORDER This writ petition has been filed to quash the award passed by the Labour Court, Salem in ID No.141 of 2009 dated 15.02.2010, wherein the respondent herein has raised an industrial dispute and the same was allowed as ex-parte without giving an opportunity to the petitioner herein, against which the present writ petition has been filed. 2.The learned counsel for the petitioner would submit that the respondent herein was dismissed from service vide order dated 14.03.2009 and he raised an Industrial dispute before Labout Court, Salem. In the year 2010, the Labour Court without serving summons to the petitioner, passed an ex-parte order and hence, the petitioner has no knowledge about the award. In the mean time, the respondent also filed C.P.No.236 of 2013 seeking back wages before the Labour Court. The petitioner received notice and then only the respondent came to know about the ex-parte order. The petitioner also filed a petition seeking to set aside ex parte award along with condone delay petition and the same was also dismissed, against which another writ petition No.15677 of 2022 was filed and https://www.mhc.tn.gov.in/judis WP No. 15674 of 2022 the same is pending. Now the present Writ Petition is filed, challenging the award passed by the Labour Court. 3.The learned counsel appearing for the respondent would submit that the Secretary of the petitioner Co-operative society issued a charge memo and he was suspended from service on 08.05.2007 without giving any reason. The charge memo was issued on 13.02.2008 and thereafter, without following the principals of natural justice and an ex-parte enquiry was conducted. Therefore, he challenged the same by raising an industrial dispute when notice was served to the petitioner and thereafter due to non appearance of the petitioner, the Labour Court passed an award by setting the petitioner as ex-parte. Therefore, the petitioner has knowledge about the award. Thereafter, the respondent filed a computation petition wherein also, the notice was sent to the petitioner for the same address as mentioned in the main ID and it was also served. The petitioner already filed a petition to set aside the ex-parte award along with condone delay petition and the same was also dismissed and thereafter only this writ petition has been filed. The award was passed in the year 2010 while the present Writ https://www.mhc.tn.gov.in/judis WP No. 15674 of 2022 Petition has been filed in the year 2022, nearly after a lapse of nearly 12 years and no reasons were assigned for such delay and therefore, the Writ Petition deserves to be dismissed on the ground of delay and latches. 4.This Court heard both sides and perused the records. 5.On perusal of the Award, this Court finds that the respondent herein raised an industrial dispute before the Labour Court, Salem in I.D.No.141 of 2009, challenging his dismissal from service, wherein an ex-parte Award was passed by the Labour Court. According to the petitioner, without serving notice to the petitioner, award was passed and later they came to know about the ex- parte award only after receipt of notice from the Labour Court in C.P.No.236 of 2013 filed by the respondent. Thereafter, the petitioner filed a petition to condone the delay in filing the petition to set aside the ex parte award, but the same was dismissed. Challenging the same, the petitioner filed a writ petition, which is also pending. The petitioner raised a main ground that no opportunity was given to the petitioner by the Labour Court before passing the Award and https://www.mhc.tn.gov.in/judis WP No. 15674 of 2022 that the respondent will not come under the preview of 'workman' since he was working as a Secretary. There are no records to show that notice was served to the petitioner. Since the petitioner raised a ground in respect of maintainability of the dispute itself and the award is an ex-parte, this Court feels it appropriate to give an opportunity to the petitioner to contest the matter and further, according to the petitioner, the respondent was also convicted by the Criminal Court for his mis-appropriation. Therefore in order to give a chance to the petitioner, it is appropriate to allow this writ petition. 6.Accordingly, the Writ Petition is allowed and the award passed by the Labour Court in I.D.No.141 of 2009 dated 15.02.2010 is hereby set aside and the matter is remanded back to the Labour Court to adjudicate the dispute by giving an opportunity to both the parties to adduce evidence on their behalf. Since the dispute is of the 2010, the Labour Court is directed to expedite the adjudication of the dispute at the earliest possible, preferably, within a period of six months, from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed. https://www.mhc.tn.gov.in/judis WP No. 15674 of 2022 7.The learned counsel for the petitioner would submit that already a sum of Rs.2,00,000/- was deposited in I.D.No.141 of 2009 before the Labour Court, Salem as per the direction of this Court. The disbursal of the said amount shall be subject to outcome of the said ID and the Labour Court can pass appropriate orders, in this regard. 17-07-2025 1/2 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 15674 of 2022 To 1.S.Subramanian S/o. Sundaram, Plot No.23, Abirami Garden, Chinnathirupathi, Salem 636 008. 2.The Labour Court, Salem. https://www.mhc.tn.gov.in/judis WP No. 15674 of 2022 P.DHANABAL J. gbi WP No. 15674 of 2022 17-07-2025 https://www.mhc.tn.gov.in/judis