IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.12.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY G.Sethuguru ... Petitioner

Vs

1. The Management of Severn Glucon India Private Limited,

Represented by its Managing Director,

F96, 97, SIPCOT Industrial Park,

Irungattukotai,

Kanchipuram – 602 117.

2. M/s.Royal Care Enterprises,

Man Power Suppliers,

No.E/23, TNHB Colony, South Sivan Koil Street,

Kodambakkam,

Chennai – 600 024.

... Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India for an issuance of Writ of certiorarified mandamus, calling for the records of the Labour Court, Kanchipuram in connection with Award pronounced in I.D.No.527 of 2018 dated 21.06.2024 and quash the same and direct the 1^st respondent herein to reinstate the petitioner with continuity of service, back wages and all other consequential benefits and issue such further or other

orders.

For Petitioner : Mr.K.Sudalai Kannu

For Respondents : No appearance – ex parte

ORDER

This writ petition is filed challenging the award of the Labour Court, Kanchipuram in ID.No.527 of 2018 dated 21.06.2024. By the said judgment, the Labour Court had dismissed the claim petition filed by the petitioner under Section 2(A)(2) of the Industrial Disputes Act, 1947.

2. Heard the learned Counsel for the petitioner. The respondents despite service of notice have not chosen to appear either in person or through Counsel. Therefore, the respondents are called and set ex parte.

3. Upon hearing the learned Counsel for the petitioner, perusing the affidavit filed in support of the writ petition and the material records of the case, the case of the petitioner is that he was originally employed by the first respondent / management namely Severn Glucon India Private Limited which is in the business of manufacturing butterfly valve, global valve, check valve etc., The petitioner was one among the 300 workmen in the said factory. The petitioner was employed with effect from 01.09.2011. The petitioner was directly interviewed by the HR Manager of the first respondent namely one Mrs.Banumathi and the petitioner was appointed as the 'Short Blasting Operator'. However, after joining service, a sham and nominal offer of appointment was given to him by describing him as a helper, that too by describing as if he is under the employment of a contractor by name M/s.Royal Care Enterprise / the second respondent in the claim petition. The introduction of the name of the second respondent and channelling the salary through the second respondent was sham and nominal and for all practical purposes, the first respondent was working only under the first respondent. The entire work was supervised only by the direct employee of the first respondent and he was in the main production activity. Only when the petitioner became member of the United Labour Federation in the year 2016 and when the petitioner and others participated in the meeting on 15.08.2016, and became member on 03.09.2016, enraged by the same, the petitioner was asked to go on leave on 20.09.2016. On 22.09.2016, the petitioner's wife was called by the Manager and they were threatened to write a letter accepting as if he is a daily rated worker. When the petitioner approached the first respondent / management, he was assured by one HR manager by name Mrs.Deepa, that he will be given employment within two weeks time. However, when the petitioner went to the first respondent on 04.10.2016, he was paid a sum of Rs.5,100/- and he was informed that he was terminated from service with effect from 20.09.2016. The said order amounts to victimisation and the non employment is illegal, unfair and unjust. Therefore, the petitioner raised a dispute and before the Conciliation Officer, the first respondent assured that the petitioner will be provided with an employment. After that, with effect from 01.03.2017, the petitioner was provided the work of housekeeping, sweeping, cleaning etc., and was abused and tortured. Even though, the