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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.MARIA CLETE
Management, Salem Co-operative Sugar Factory, (Salem Co-operative Sugar Mill Limited) – Appellant
Versus
C. Boopathy, S/o. Chinnasamy – Respondent
| Table of Content |
|---|
| 1. challenge to illegal termination of workmen. (Para 2 , 4 , 6) |
| 2. filing of claims by terminated workmen. (Para 10 , 11 , 12) |
| 3. labour court's findings on termination. (Para 14 , 15 , 16) |
| 4. seasonal industry and workers' rights. (Para 18 , 19 , 20) |
| 5. previous court orders and compliance. (Para 21 , 22 , 23) |
| 6. dismissal of writ petitions and reinstatement order. (Para 25) |
JUDGMENT :
Heard.
3. In both writ petitions, a notice of motion was issued on 23.12.2020. Although the management filed two Miscellaneous Petitions in W.M.P. Nos. 24386 of 2020 and 24389 of 2020, seeking an interim stay on the operation of the Award, no orders were passed. The Respondent C. Boopathy, in W.P. No. 19742 of 2020, filed a Miscellaneous Petition in W.M.P. No. 2485 of 2024, seeking payment of last drawn wages under Section 17B. However, no orders have been passed in that petition either. As a result, all three WMPs remain pending.
5. After issuing notice to the parties, this Court disposed of the writ petition by an order dated 01.09.2008. Upon noting that a petition was pending before the authority under the Permanent Status Act, the Court directed the authority to complete the inquiry and
The court affirmed that terminations without adherence to natural justice and statutory provisions are illegal, emphasizing the rights of workers under the Tamil Nadu Permanent Status Act.
There may be cases where termination of a daily-wage worker is found to be illegal on the ground that it was resorted to as unfair labour practice or in violation of the principle of last come first ....
A Government declaration is required to classify a sugar factory as seasonal under the applicable labor law; continuous service of an employee in such a factory permits entitlement to permanent statu....
The court's decision established that when temporary or ad-hoc appointments are continued for a long period of time, the Court has to presume that there is a regular need for service on regular posts....
Labour law – Reinstatement - Granting of relief of reinstatement after such a long gap will not serve any purpose and, therefore, this Court is of the view that if the order to grant compensation
Private companies cannot use discretion to justify unfair labour practices, and past financial status as a sick unit does not prevent directions of permanency that may increase financial burden.
The Conferment of Permanent Status Act did not apply to the employees of the Board, and the Labour Court erred in granting retrospective regularisation without adjudication of disputed issues.
The judgment emphasizes the statutory rights of industrial workers and the prohibition of unfair labour practices under the MRTU & PULP Act, 1971.
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