IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28/07/2006
CORAM
THE HON'BLE MR. JUSTICE P.SATHASIVAM
WRIT PETITION No.34684 of 2003
and
WPMP No.4165 of 2006
The Management
Messrss Sreenivas
Leathers Pvt. Ltd.,
1/156 A, Trunk Road,
Vaniyambadi,
Vaniyambadi 635 751. ... Petitioner
-Vs-
1.The Presiding Officer
Labour Court, Vellore.
2.Jeyaseelan ...Respondents
Petition under Article 226 of The Constitution of India for issuance
of a Writ of Certiorari to call for the records on the file of the first
respondent in I.A.No.308 of 2003 in I.D.No.162 of 1999 dated 27.10.2003, quash
the same as illegal, incompetent and without jurisdiction.
!For petitioner : Mr.V.Raghavachari
For 2nd Respondent : Mr.S.T.Varadarajulu
:ORDER
By consent of both parties, the writ petition itself is taken up for
disposal.
2. Aggrieved by the order of the Labour Court, Vellore, dated
27.10.2003 made in I.A.No.308 of 2003 in I.D.No.162 of 1999, the Management
has filed the above writ petition.
3. It is seen that due to the absence of the management, an exparte
award was passed on 27.10.2003 in I.D.No.162 of 1999 in favour of the
workman/second respondent herein. Thereafter, the management filed a petition
in I.A.No.308 of 2003 to condone the delay of 270 days in filing the petition
to set aside the ex-parte award passed on 27.1 0.2003. The Tribunal,
considering the stand taken by both parties and after finding that there is no
valid ground for condoning the delay, dismissed the said application. Hence,
the present writ petition.
3. During the pendency of the above proceedings, on the orders of
this Court, the petitioner-Management has deposited a sum of Rs.4,35,5 71/-.
In view of the request by the learned counsel for the second respondent that
if the workman is permitted to withdraw a reasonable amount by way of costs,
he has no objection in setting aside the exparte order and passing orders on
merit in I.D.No.162 of 1999.
4. Considering the same and in the light of the stand taken by the
management, I am of the view that interest of justice would be met by
permitting the second respondent herein viz., Jeyaseelan (Petitioner in
I.D.No.162 of 1999) to withdraw a sum of Rs.35,571/- (Rupees thirty five
thousand five hundred and seventy one only). In view of the same, the order
dated 27.10.2003 in I.A.No.308 of 2003 in I.D.No.162 of 1999 is set aside and
the delay is condoned. The Labour Court is directed to dispose of the main
I.D.No.1 62 of 1999 within a period of six months from the date of receipt of
a copy of this order. Both parties are directed to co-operate for completion
of the Industrial Dispute within the time prescribed. The balance amount of
Rs.4,00 ,000/-, which is under investment shall be disbursed subject to the
outcome of the Industrial Dispute. Till such time, the balance amount
(Rs.4,00,000/-) shall continue in the same investment under reinvestment
scheme.
5. The writ petition is disposed of accordingly. No costs. WPMP
No.4165 of 2006 is closed.
raa
To
1.The Presiding Officer,
Labour Court, Vellore.