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2025 Supreme(Online)(Mad) 42493
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.DHANABAL, J
Chennai Metro Podhu Matrum Oppandha Tholilalargal Sangam – Appellant
Versus
The Additional Commissioner of Labour – Respondent
W.P.No.11515 of 2022 | W.P.No.32814 of 2023
For the Appellants/Petitioners: Mr.S.T.Varadarajalu, Mr.Sanjay Mohan, Mr.M.R.Dharanichander
For the Respondents: Mr.E.P.Senniyangiri, Mr.K.M.Ramesh, Mr.V.Subramani
The Labour Court has the authority to interpret existing settlements in ongoing claim petitions under the Industrial Disputes Act.
Headnote:(A) Industrial Disputes Act, 1947 - Sections 29 and 36A - Writ Petitions filed under Article 226 of the Constitution of India for mandamus to initiate legal action for breach of settlement and to refer disputes to Labour Court for interpretation of a settlement - The parties have pending claims before the Labour Court which can interpret the settlement, thus no further orders are needed from the High Court. (Paras 1-6)
(B) Claim petitions pending - The Labour Court can address the interpretation of settlements as per their jurisdiction over existing disputes, guiding processes in employment matters under the Industrial Disputes Act.
| Table of Content |
|---|
| 1. introduction of writ petitions and parties involved. (Para 1 , 2) |
| 2. pending claims before labour court. (Para 3) |
| 3. interpretation of settlements by the labour court. (Para 4) |
| 4. conclusion and direction for expedited handling of claims. (Para 5 , 6) |
O R D E R
W.P.No.11515 of 2022 has been filed by the petitioner/Chennai Metro Podhu Matrum Oppandha Tholilalargal Sangam, to direct the first respondent to take appropriate legal action against the second respondent for breach of settlement dated 13.01.2020 as per Section 29 of Industrial Disputes Act 1947.
2. W.P.No.32814 of 2023 has been filed by the petitioner/Crown Worldwide Private Limited, to direct the first respondent to consider the representation letter dated 06.11.2023 of the petitioner / management to refer the dispute to Labour Court to interpretation of the 12(3) settlement dated 13.01.2020 as per Section 36A of the Industrial Disputes Act.
3. When the matter was taken up today for hearing, both the learned counsel appearing for the respective parties submitted that the workmen have already filed claim petitions before the Labour Court, Kancheepuram, and the same are pending. It was further submitted that the management can seek clarification before the Labour Court regarding the settlement entered into between the parties under Section 12(3) of Industrial Disputes Act.
4. Since the claim petitions are pending before the Labour Court, Kancheepuram, the Labour Court can interpret the settlement entered between the parties in pending claim petitions. Therefore, no further orders are required to be passed in this case and the parties can workout their remedies before the Labour Court, Kancheepuram, in accordance with law.
5. Considering the long pendency of the writ petitions, the Labour Court, Kancheepuram is directed to dispose of the claim petitions as early as possible, preferably within a period of six months from the date of receipt of a copy of this order.
6. With the above observations, these Writ Petitions are disposed of. No costs.
