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2026 DAILYLAW 876 (MAD)

The Management v. S.Ashok Kumar

WMP/7796/2026 · 2026-03-16

M Dhandapani

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.M.P.No.7796 of 2026 in W.P.No.7744 of 2019 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.03.2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI W.M.P.No.7796 of 2026 in W.P.No.7744 of 2019 The Management, S.B.O.A.Educational Trust, Represented by the Secretary and Correspondent, No.18, School Salai, Anna Nagar West Extension, Chennai-600 101. ...Petitioner Vs S.Ashok Kumar 2. ....Respondent Prayer: Writ Miscellaneous Petition filed under Article 226 of the Constitution of India to clarify the order dated 02.04.2025 in W.P.No.7744 of 2019 passed by this Court. For Petitioner : Mr.R.Shivakumar for M/s.K.M.Vijayan Associates For Respondent : Mr.K.Bharathi https://www.mhc.tn.gov.in/judis W.M.P.No.7796 of 2026 in W.P.No.7744 of 2019 __________ Page2 of 4 O R D E R This Writ Miscellaneous Petition has been filed to clarify the order dated 02.04.2025 passed in W.P.No.7744 of 2019 by this Court. 2. The learned counsel appearing for the petitioner Management submits that the respondent raised I.D.No.27 of 2014 before the Principal Labour Court, Chennai and the Labour Court directed the petitioner Management to reinstate the respondent into service with continuity of service, full backwages and all other attendant benefits. Since the respondent has retired from service, this Court, vide order dated 02.04.2025, directed the petitioner Management to pay a sum of Rs.3,00,000/- as compensation in full quit to the respondent/workman towards backwages and other terminal benefits. However, inadvertently, in paragraph No.5, it was mentioned that liberty was granted to the respondent to claim gratuity and terminal benefits before the appropriate Authority and therefore, the present miscellaneous petition was filed. 3. Heard Mr.K.Bharathi, learned counsel for the respondent/workman. https://www.mhc.tn.gov.in/judis W.M.P.No.7796 of 2026 in W.P.No.7744 of 2019 __________ Page3 of 4 4. Considering the submissions made by the learned counsel for the petitioner Management, this Court is inclined to clarify its earlier order dated 02.04.2025 to the effect that, “ (i) The petitioner Management is directed to pay a sum of Rs.3,00,000/- (Rupees Three Lakhs only) as compensation, in full quit, to the respondent/workman, towards backwages and terminal benefits within a period of eight (8) weeks from the date of receipt of a copy of this order. (ii) As regards the respondent’s claim for gratuity is concerned, it is open to the respondent to work out his remedy before the competent authority in the pending application.” 5. Accordingly, this Writ Miscellaneous Petition is clarified accordingly. 16.03.2026 ssb https://www.mhc.tn.gov.in/judis W.M.P.No.7796 of 2026 in W.P.No.7744 of 2019 __________ Page4 of 4 M.DHANDAPANI, J. ssb W.M.P.No.7796 of 2026 in W.P.No.7744 of 2019 16.03.2026 https://www.mhc.tn.gov.in/judis