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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.MALA
Workmen of MRF Limited, rep.by its General Secretary – Appellant
Versus
Management of MRF Limited, rep.by its Managing Director – Respondent
| Table of Content |
|---|
| 1. health insurance as part of employment terms. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments about maintainability and jurisdiction. (Para 6 , 7 , 8) |
| 3. analysis of rights under article 21 of the constitution. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40) |
| 4. encouragement of good will and resolution processes. (Para 41) |
| 5. dismissal of the writ petition. (Para 42) |
ORDER :
N.MALA, J.
(1) The writ petition is filed for a mandamus directing the 1st respondent to honour its obligation of extending the health insurance to the workers as per the existing practice by paying the premium to the 4th respondent and to cover the difference between the amount paid by the workers and the due premium amount as advance as hitherto done and hold that the management is not entitled to deduct wages punitively as a penal wage cut as visualised in its notice of 12.09.2025 and reiterated in the notice of 30.09.2025 and to post apprentices engaged through NAPS Scheme in the place of regular workers in leave vacancies.
(2) For the sake of convenience, the petitioner is referred to as ''t
The right to health is a fundamental right under Article 21, but its enforceability against private entities is restricted, necessitating alternative remedies under labor laws.
Writ petitions against private entities are not maintainable under Article 226 unless public law elements are involved; termination from a private company does not invoke judicial review.
Writs cannot be issued against private entities as they do not perform public duties, reaffirming the limits of Article 12 applicability.
Industrial dispute - If the employer is an instrumentality of the State, as per Article 12 of the Constitution of India, then they are bound to conform fully to the rigour discipline of the mandate c....
Point of law : Remedy under Article 226 of the Constitution of India would be available against an authority or a person only when twin tests are satisfied. The authority or the person should not onl....
A writ petition against a private insurance company is not maintainable under Article 226 since the company does not qualify as a State or instrumentality, reflecting solely contractual employment re....
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