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2025 Supreme(Mad) 2350

IN THE HIGH COURT OF JUDICATURE AT MADRS
Honourable Dr Justice A.D. MARIA CLETE
Management of M/s. Futura Polyesters Limited – Appellant
Versus
P.Rajamanickam CP No.165/17, S/o. A.Palaniasamy – Respondent


Advocate Appeared:
For the Petitioner:Mr. Jayaprakash, Advocate, For M/s. M.Sankaranarayanan, G.Arumugaraja & M.Vijayalakshmi, Advocates
For the Respondent:M/s. G.Purushothaman and I.Jeyaraj, Advocates, M/s. S.Abhisek Keerthi, M.Dwarakanath, P.Meenakshi and CH.Mohith Sai, Advocates

JUDGMENT :

A.D. Maria Clete, J.

1. The short question that arises for consideration in this case is whether respondents 1 to 21 are entitled to claim closure compensation, notice pay, ex gratia, arrears of salary, leave encashment, leave travel concession (LTC), and bonus by way of claim petitions filed under Section 33C(2) of the Industrial Disputes Act, 1947.An incidental question was whether the respondents have proved their status as “workman” within the meaning of Section 2 (s) of the Industrial Disputes Act, so as to sustain the maintainability of their respective claims.

2. The petitioner–Management closed its factory located at Manali and, in compliance with the requirement under Section 2 5-O of the Industrial Disputes Act, 1947, obtained prior permission from the Government of Tamil Nadu. Such permission was granted by G.O. (D) No. 517, Labour and Employment Department, dated 17.10.2013 (marked as Ex.P2).While granting permission for closure, the Government, in its order, stated the following:

“He has further stated that they were not able to file finance to meet even day to day expenses in view of the working capital shortage. It was not even possible to pay the wages. The p

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