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The Managing Director, The Management of Greetha Musicals Instruments Manufacturing and Exports Private Ltd., Perungudi, Chennai v/s The Presiding Officer, Principal Labour Court, Chennai & Others


Company & Directors' Information:- R K MANUFACTURING CO LTD [Active] CIN = L27209WB1984PLC037758

Company & Directors' Information:- R K MANUFACTURING CO LTD [Active] CIN = L27209GJ1984PLC098951

Company & Directors' Information:- INDIA MANUFACTURING CORPORATION PRIVATE LIMITED [Active] CIN = U24100DL2010PTC198947

Company & Directors' Information:- A N INSTRUMENTS PVT LTD [Active] CIN = U29196WB1974PTC029394

Company & Directors' Information:- S I A MANUFACTURING PRIVATE LIMITED [Active] CIN = U74120UP2013PTC057004

Company & Directors' Information:- S K M MANUFACTURING PRIVATE LIMITED [Active] CIN = U17200DL2011PTC223768

Company & Directors' Information:- U S INSTRUMENTS PVT LTD [Active] CIN = U32109MH1981PTC024513

Company & Directors' Information:- U P INSTRUMENTS LIMITED [Active] CIN = U65910UP1975SGC004043

Company & Directors' Information:- S T S MANUFACTURING PRIVATE LIMITED [Active] CIN = U28112TZ2006PTC012940

Company & Directors' Information:- K L B INSTRUMENTS COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1984PTC019015

Company & Directors' Information:- A S P MANUFACTURING COMPANY PVT LTD [Active] CIN = U27109WB1991PTC051461

Company & Directors' Information:- A K MANUFACTURING PVT LTD [Active] CIN = U51909MN1988PTC003110

Company & Directors' Information:- I T A C (INDIA) MANUFACTURING CO LTD [Dissolved] CIN = L51109WB1982PLC034689

Company & Directors' Information:- J D MANUFACTURING CO PVT LTD [Active] CIN = U51909WB1996PTC079825

Company & Directors' Information:- A S P MANUFACTURING COMPANY PVT LTD [Not available for efiling] CIN = U36900WB1991PTC005146

Company & Directors' Information:- S R B INSTRUMENTS PRIVATE LIMITED [Active] CIN = U32109DL2004PTC130567

Company & Directors' Information:- B R D MANUFACTURING PRIVATE LIMITED [Active] CIN = U51109WB1997PTC085188

Company & Directors' Information:- R J S MANUFACTURING PRIVATE LIMITED [Active] CIN = U27104DL1997PTC090521

Company & Directors' Information:- B U MANUFACTURING PVT LTD [Active] CIN = U51109WB1982PTC035271

Company & Directors' Information:- M M MANUFACTURING PVT LTD [Active] CIN = U26922WB1993PTC059837

Company & Directors' Information:- J. C. MANUFACTURING INDIA PRIVATE LIMITED [Active] CIN = U21099WB2020PTC236821

Company & Directors' Information:- S B MANUFACTURING PRIVATE LIMITED [Strike Off] CIN = U31506WB1999PTC088567

Company & Directors' Information:- C Z INSTRUMENTS INDIA PRIVATE LIMITED [Active] CIN = U29299MH1972PTC015855

Company & Directors' Information:- K. V. J. MANUFACTURING INDIA PRIVATE LIMITED [Active] CIN = U29308DL2017PTC320213

Company & Directors' Information:- A T E MANUFACTURING CO PRIVATE LIMITED [Amalgamated] CIN = U28999GJ1973PTC002296

Company & Directors' Information:- I C T INSTRUMENTS PRIVATE LIMITED [Strike Off] CIN = U29219WB2002PTC094845

Company & Directors' Information:- J P MANUFACTURING AND CO PVT LTD [Strike Off] CIN = U51226WB1982PTC034927

Company & Directors' Information:- D. K. MANUFACTURING (INDIA) LIMITED [Strike Off] CIN = U37200WB2011PLC170403

Company & Directors' Information:- R D INSTRUMENTS PVT LTD [Active] CIN = U74999WB1993PTC058472

Company & Directors' Information:- M L INSTRUMENTS PRIVATE LIMITED [Active] CIN = U28130MH1997PTC108449

Company & Directors' Information:- S M MANUFACTURING COMPANY PRIVATE LIMITED [Active] CIN = U34300HR1997PTC057824

Company & Directors' Information:- G K MANUFACTURING PRIVATE LIMITED [Strike Off] CIN = U34300PB2012PTC036073

Company & Directors' Information:- P & B MANUFACTURING PRIVATE LIMITED [Active] CIN = U29254TN2010PTC076696

Company & Directors' Information:- B. V. H. MANUFACTURING INDIA PRIVATE LIMITED [Active] CIN = U74999GJ2018FTC100633

Company & Directors' Information:- J H INSTRUMENTS PRIVATE LIMITED [Active] CIN = U33111TN1980PTC008473

Company & Directors' Information:- D K INSTRUMENTS PVT LTD [Active] CIN = U31200WB1988PTC045167

Company & Directors' Information:- S. S. INSTRUMENTS PRIVATE LIMITED [Active] CIN = U29220DL2012PTC239584

Company & Directors' Information:- R A MANUFACTURING COMPANY PRIVATE LIMITED [Strike Off] CIN = U36900HR2012PTC047669

Company & Directors' Information:- A K INSTRUMENTS PRIVATE LIMITED [Active] CIN = U74899DL1983PTC016174

Company & Directors' Information:- S R INSTRUMENTS PRIVATE LIMITED [Strike Off] CIN = U32300MH2003PTC139925

Company & Directors' Information:- A P INSTRUMENTS PVT LTD [Strike Off] CIN = U33112MP1982PTC001966

Company & Directors' Information:- V. M. INSTRUMENTS PRIVATE LIMITED [Strike Off] CIN = U21029AP1997PTC026339

Company & Directors' Information:- G & S INSTRUMENTS PRIVATE LIMITED [Active] CIN = U33110KL2012PTC032467

Company & Directors' Information:- A B M INSTRUMENTS PVT LTD [Strike Off] CIN = U26101WB1967PTC027068

Company & Directors' Information:- A K R MANUFACTURING PRIVATE LIMITED [Active] CIN = U19200RJ2012PTC041177

Company & Directors' Information:- P T INSTRUMENTS PRIVATE LIMITED [Active] CIN = U51909MH1998PTC113154

Company & Directors' Information:- C N C MANUFACTURING PRIVATE LIMITED [Strike Off] CIN = U64204DL2015PTC281449

Company & Directors' Information:- R P INSTRUMENTS PRIVATE LIMITED [Strike Off] CIN = U52100DL2012PTC246727

Company & Directors' Information:- S G K INSTRUMENTS PRIVATE LIMITED [Strike Off] CIN = U33125KA2003PTC031494

    W.P. Nos. 418 & 419 of 2014 & M.P. No. 1 of 2014

    Decided On, 27 October 2014

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE C.S. KARNAN

    For the Petitioner: G. Anand Gopalan for M/s. T.S. Gopal and Company, Advocates. For the Respondent: R2, P. Soloman, Advocate.



Judgment Text

(Prayer in W.P.No.418 of 2014: Writ petition is filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the records of the 1st respondent dated 10.02.2010 in I.D.No.113 of 2008, quash the same and direct the 1st respondent to hear the dispute on merits by providing adequate opportunities to the petitioner.

Prayer in W.P.No.419 of 2014: Writ petition is filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the records of the 1st respondent dated 05.02.2010 in I.A.No.56 of 2012 in I.D.No.113 of 2008, quash its order dated 05.02.2013.)

1. The short facts of the case are as follows:-

The 2nd respondent herein has filed a case in I.D.No.113 of 2008 on the file of Principal Labour Court, Chennai, against the petitioner herein and the 3rd respondent herein. The said case was set exparte, since the respondents called absent. The said order passed on 10.02.2010. Thereafter the petitioner herein has filed a supplement application in I.A.No.56 of 2012 in I.D.No.113 of 2008 to set aside the exparte order passed in I.D.No.113 of 2008 dated 25.02.2010. The said application had been filed along with a delay of 716 days for filing the set aside application. The 2nd respondent herein has filed a counter statement and resisted the condoned delay petition in I.A.No.56 of 2012 dismissed on 05.02.2013 by the Principal Labour Court, Chennai. The aggrieved management has filed the above writ petition and challenged the impugned order.

2. The highly competent counsel Mr.G.Anand Gopalan submits that the petitioner's Company was started in the year 1981 and it was engaged in the manufacture of musical instruments meant for export. The 2nd respondent herein raised a dispute with the Government of Tamil Nadu, which culminated by way of reference dated 15.04.2008 in G.O.Ms.No.134. Subsequently, the issue was referred for adjudication before the Principal Labour Court, Chennai and the case was numbered as I.D.No.113 of 2008. The petitioner had received summons from the Labour Court and engaged the learned counsel, who entered appearance on 23.07.2008. Subsequently, another counsel Mr.Selvaraj has filed a change of vakalath. Thereafter the case was set ex-parte on 25.02.2010. Since, the learned counsel did not appear at the time of argument. The very competent counsel further submits that the learned counsel who appeared before the Trial Court did not disclose the stage of the case then and there and also did not appear before the Trial Court, hence the said case was set ex-parte. In order to execute the exparte award, the 2nd respondent herein has filed claim petition No.946 of 2010. After receipt of the Court notice in the claim petition, the petitioner came to know that the main case was set exparte. Actually, several issues had to be framed in the main case and a comprehensive enquiry is absolutely necessary for deciding the said case on merits. Further the exparte decree can be set aside at any stage. If the exparte decree is set aside and the main case if disposed on merits the respondent union will not be prejudiced, hence, the highly competent counsel entreats the court to allow the above writ petition and give an opportunity to defend the main case to the petitioner.

3. The very competent counsel Mr.P.Solaman, appearing for the 2nd respondent herein submits that there were 23 staff members who were working with the petitioner's Company. The petitioner's Company did not pay the salary, gratuity, bonus etc. Further, the said company had been transferred to the 3rd respondent herein, subsequently, the working staff were terminated from their employ, hence the workers made a representation before the Assistant Commissioner who conducted counselling on various dates and subsequently the matter had not reached a settlement. Therefore, the case had been referred to the Labour Court, wherein the case had been numbered in I.D.No.113 of 2008. The said proceedings had been started in the year of 2006 and disposed on 10.02.2010. From the beginning itself the petitioner and their counsel were well aware that the case had been proceeded before the Labour Court. The petitioner and their counsel wontedly and deliberately did not appear before the Trial Court with malafide intention to create multiple proceedings and caused hardship to the employees who are suffering for about eight years for seeking relief from the petitioner through Court of law. Further, the Labour Court had examined the employees and considered the twenty four marked documents. The main case had been disposed of on 10.02.2010. The said order is fit to be executed and hence the petitioner had levelled a claim petition in C.P.No.946 of 2010. Under the circumstances, the above writ has been filed in order to avoid the execution of the original award passed by the Labour Court. If this Court, is to allow the above writ petition and the suffering employees will be put into hardship and who are suffering for more than eight years.

4. Considering the factual position of the case and arguments advanced by the learned counsel on either side and on perusing the impugned order of the Trial Court, this Court is of the view that the main case has to be disposed of on merits after framing necessary issues and after recording both sides evidences, then both parties will not be prejudiced. But in the instant case, the petitioner has filed a set aside application with a delay of 716 days which amounts to inordinate delay. In the interest of justice to the parties and considering the balance of convenience of the employers, this Court directs the writ petition herein to pay a cost of Rs.2,000/- to each of the workers. The learned counsel for the petitioner today paid the said amo

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unt by way of demand draft, hence the above writ petition is allowed with a direction to the learned Principal Labour Court Judge, to restore the case in I.D.No.113 of 2008, on his file and dispose the said case on merits after affording sufficient opportunities to the parties on merits with top most priority basis approximately within four months. 5. In the result, both the writ petitions are allowed. Consequently, the order passed in I.A.No.56 of 2012, in I.D.No.113 of 2008, on the file of the Principal Labour Court, Chennai, dated 10.02.2010 and 05.02.2013 are set aside. Consequently, connected miscellaneous petition is closed.
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