W.A.No.2255 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.07.2025 CORAM : THE HON'BLE MR. JUSTICE R.SUBRAMANIAN AND THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI W.A.No.2255 of 2025 M/s Kandasamy Spinning Mills Private Ltd., rep. by its Managing Director Suriyampalayam Bhavani Main Road Vasavi College Post Erode Taluk, Erode District .. Appellant v. Muthusamy (died) 1. Rathinam 2. Maniprakash 3. Rupan Dulasimani (died) 4. Gowri Sankar Mani (died) 5. Jothi 6. Saravanan 7. Cithra Kulanthaisamy (died) 8. Karunakaran 9. Kasilingam 10. Dhanalakshmi ____________ https://www.mhc.tn.gov.in/judis W.A.No.2255 of 2025 Muthusamy (died) 11. Ammaniyammal 12. Cithra 13. Karuppusamy Ponnusamy (died) 14. Parisammal 15. Thambiraj 16. Ruthprakasi 17. Saroja 18. Manju 19. Madankumar Rangasamy (died) 20. Meenachi 21. Radha Ramasamy (died) 22. Baby 23. Yuvaraj Dhanapal (died) 24. Selvi 25. Senthil 26. Pukalenthi Palanisamy (died) 27. Dhanalakshmi 28. Devagi 29. Suguna 30. Vengatesh Subramani (died) 31. Palaniyammal 32. Vasanthi 33. Kanchana 34. Prabhu 35. Imaya 36. Valliyammal Rajamanickam (died) 37. Gandhimathi ____________ https://www.mhc.tn.gov.in/judis W.A.No.2255 of 2025 38. Ramesh Subramaniyam (died) 39. Arukkani 40. Saravanakumar 41. Mahalakshmi 42. Nirmala 43. Minor Subiksha rep by mother Nirmala 44. Minor Gurupranith rep by mother Nirmala Mani (died) 45. Saraswathi 46. Padmapriya 47. Sivalingam Thiyagarajan (died) 48. Leelavathi 49. Saravanan 50. Divya Kuppusamy (died) 51. Jagadeswari 52. Latha 53. Santhi Subramani (died) 54. Saraswathi 55. Palanisamy 56. Karuppasamy Suppu (died) 57. Rajamani 58. Bakiyaraj 59. Anandhajothi Babu @ Malaiyan (died) 60. Sirangayi 61. Latha 62. Dhavamani Gurusamy (died) 63. Lakshmi 64. Matheswaran ____________ https://www.mhc.tn.gov.in/judis W.A.No.2255 of 2025 65. Karthick Rajendran (died) 66. Chinnathayi 67. Sivaraman 68. Sampuranam Muthusamy (died) 69. Dhanasekaran 70. Velmurugan Archunan (died) 71. Suguna 72. Nagaraj 73. Durga Gopal (died) 74. Subbulakshmi 75. Priya 76. Nandhini Rajendran (died) 77. Karpagam 78. Kanagavalli 79. Kalaivani 80. Ishwarya Dulasimani (died) 81. Pungodi 82. Tamilmani 83. Valiyammal Kathirvel (died) 84. Selvi 85. Mythili 86. Gomathi 87. Lakshmi Munnusamy (died) 88. Vijaya 89. Sivakumar 90. Sasikumar Loganathan (died) ____________ https://www.mhc.tn.gov.in/judis W.A.No.2255 of 2025 91. Manimegalai 92. Manikandan 93. Santhosh 94. Anitha Ramasamy (died) 95. Kanagavalli 96. Radha Arumugam (died) 97. Paripuranam 98. Kalaivani 99. Mano Murugesan (died) 100. Kandasamy Kesavan (died) 101. Rajalakshmi 102. Monika 103. Narendran Jayaraman (died) 104. Yasotha 105. Abinaya 106. Surya Dhatchanaamoorthy (died) 107. Tamilselvi 108. Sandhiya Ganesan (died) 109. Manimegalai 110. Krishnakumar 111. Vengatesan Subramani (died) 112. Dhanapakiyam 113. Kalaivanan 114. Masiladevi Santhalingam (died) 115. Poongodi 116. Lakshna ____________ https://www.mhc.tn.gov.in/judis W.A.No.2255 of 2025 117. Intharesh Ayyasami @ Ayyavu (died) 118. Madheswari 119. Jagadeeswaran 120. Prabakaran Sellavel (died) 121. Malliga 122. Soundaryavalli 123. Vasugi 124. Lakshmi Selvaraj (died) 125. Rajamani 126. Kanagaraj Shanmugam (died) 127. Padmavathi 128. Anbarasi 129. Gunasangeetha 130. Valarmathi Raju (died) 131. Kuppusamy 132. Shanmugam 133. Duraisamy Mani @ Sellappan (died) 134. Kanchana 135. Manikam 136. Sathishkumar 137. Sangeetha 138. Karuppayi Lognathan (died) 139. Tamilarasi 140. Vijay 141. Jeeva Chandran (died) 142. Ambiga 143. Rajendran ____________ https://www.mhc.tn.gov.in/judis W.A.No.2255 of 2025 Ramasamy (died) 144. Kuruvayi 145. Muruganantham 146. Saranya Raju (died) 147. Sumathi 148. Sowmiya 149. Sandhiya 150. Pongiyammal Periyasamy (died) 151. Rajathi 152. Sumathi 153. Lalitha Mayilsamy (died) 154. Rajamma 155. Kasthuri 156. Prakash Jothimuthu (died) 157. Malarkodi 158. Tamilarasan 159. Tamilarasi Govindasamy (died) 160. Pushpalatha 161. Deepanraj Matheswaran (died) 162. Puvaneswari 163. Sathishkumar 164. Nirmal Kumar Ramasamy (died) 165. Palaniyammal 166. Tamilselvi 167. Gunasekaran Ganesan (died) 168. Vijaya 169. Hemalatha ____________ https://www.mhc.tn.gov.in/judis W.A.No.2255 of 2025 170. Sarulatha 171. Dhanaprakash Angukannan (died) 172. Anandkumar 173. Nithya .. Respondents Memorandum of Grounds of Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 24.04.2025 passed in W.P.No.14359 of 2025. For Appellant :: Mr.N.Manokaran For Respondents :: Mr.K.Srinivasamurthy for M/s Row & Reddy JUDGMENT (Judgment of the Court was made by R.SUBRAMANIAN,J.) Challenge is to the order of the learned single Judge dismissing the writ petition filed by the Management, against the order of the Labour Court allowing the applications filed purportedly under Order XXII, Rule 3 of the Code of Civil Procedure seeking to implead the legal heirs of the deceased workmen in the Industrial Disputes. ____________ https://www.mhc.tn.gov.in/judis W.A.No.2255 of 2025 2. A set of applications were filed under Order XXII, Rule 3 in about 53 industrial disputes claiming that the workmen in those cases had died leaving behind the petitioners therein as LRs. The Labour Court, after referring to Section 10(8) of the Industrial Disputes Act, allowed the applications. Aggrieved, the Management had come up with the writ petition. The learned single Judge dismissed the writ petition on the conclusion that the order directing the impleadment of LRs will not affect the rights of parties and therefore, left it open to the Management to raise all the contentions in the I.Ds. It is this order that is the subject matter of challenge in this appeal. 3. Mr.N.Manokaran, learned counsel for the appellant would vehemently contend that a massive fraud has been played on the Court and dead persons have been shown as petitioners in proceedings before this Court, dead persons have been represented in a writ appeal filed by the Management and dead persons have been represented before the Hon'ble Supreme Court in the connected S.L.Ps. ____________ https://www.mhc.tn.gov.in/judis W.A.No.2255 of 2025 4. We do not think these questions can be canvassed in the present proceedings. The present proceedings are against petitions filed to bring on record the L.Rs of the deceased workmen. In view of Section 10(8) of the Industrial Disputes Act, which reads as follows, “(8) No proceedings pending before a Labour Court, Tribunal or National Tribunal in relation to an industrial dispute shall lapse merely by reason of the death of any of the parties to the dispute being a workman, and such Labour Court, Tribunal or National Tribunal shall complete such proceedings and submit its award to the appropriate Government.”, it is not even necessary that the L.Rs of the deceased workmen should be impleaded in an industrial dispute. The statute imposes an obligation on the Court to decide the industrial dispute de hors the death of the parties before it. The allegations raised by the learned counsel even if true, cannot be a ground to interfere with the order passed by the Labour Court in this proceedings. Hence, we see no merits in the appeal. The writ appeal fails and it is, accordingly, dismissed. We, however, leave it open to the ____________ https://www.mhc.tn.gov.in/judis W.A.No.2255 of 2025 appellant Management to raise a claim regarding filing of proceedings by dead persons in this Court, before the appropriate forum. Consequently, C.M.P.No.17289 of 2025 is dismissed. No costs. Index : yes/no (R.S.M.,J.) (K.G.T.,J.) Neutral citation : yes/no 21.07.2025 ss ____________ https://www.mhc.tn.gov.in/judis W.A.No.2255 of 2025 R.SUBRAMANIAN,J. AND K.GOVINDARAJAN THILAKAVADI,J. ss W.A.No.2255 of 2025 21.07.2025 ____________ https://www.mhc.tn.gov.in/judis