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2013 Supreme(Mad) 3633

V.RAMASUBRAMANIAN
Madras Race Club, rep. by its Secretary – Appellant
Versus
M. Victor – Respondent


Advocates Appeared:
For the Applicant:R. Viduthalai, S.C. for L. Dhamodaran, Advocate.
For the Respondents:V. Prakash, S.C. for Mrs. S. Kala, Advocate.

Judgment :

1. This is an application filed by the sole defendant in the suit praying for the rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure.

2. I have heard Mr.R.Viduthalai, learned Senior Counsel appearing for the applicant/defendant and Mr.V.Prakash, learned Senior Counsel for the respondents/ plaintiffs.

3. The respondents herein were employed as workmen in the applicant club. The applicant is incorporated as a company, probably under Section 25 of the Companies Act, 1956. During the period 28.7.2012 to 9.8.2012, the applicant club appears to have terminated the services of 110 persons employed as security personnel. Protesting such an en masse termination, the workers' union (unregistered) issued a strike call with effect from 30.8.2012, demanding reinstatement of those 110 security workers.

4. The Deputy Commissioner of Labour (Conciliation) initiated proceedings, but the same ended in failure on 14.12.2012. However, the union decided to resume work without prejudice to their demands and the workers claim that they reported for duty on Monday, 17th day of December 2012. According to the respondents-workers (who are the plaintiffs), they were pre




































































































































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