2025:MHC:2937

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2025

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA

W.P.No.24999 of 2023

and

W.M.P.No.24418 of 2023

The Management of

Kwang Sung Break India

Private Limited,

Represented by its

Managing Director,

No.49, Sengattugramam,

Sriperumbuthur Taluk, Kanchipuram District,

Pin:602 105. ... Petitioner

Vs.

United Labour Federation,

Represented by its Secretary,

Reg.No.2657/CNI

No.149, Thambuchetty Street,

C.J.Complex,

4^th Floor,

Chennai – 600001. ... Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records in I.D.No.42 of 2017 dated 23.05.2023 on the file of the Industrial Tribunal at Chennai and quash the same

as illegal.

For Petitioner : Mr.S.Muthuraman For Respondent : Mr.V.Prakash Senior Advocate For Mr.T.Ramkumar

O R D E R

This writ petition is filed for a writ of Certiorari to call for the records in the award dated 23.05.2023 of the Industrial Tribunal in I.D.No.42 of 2017 and quash the same as illegal.

2. The petitioner will be referred to as the Company and the respondent will be referred to as the union.

3. The company is a Tier- II company employing more than 600 workers in its factory. The company is engaged in manufacture of automobile spare parts such as bearings, welding equipment supplies, gears and gear boxes, hoses, springs V-belts, etc. while so, the union raised 22 demands before the Assistant Commissioner of Labour, Conciliation - II, Sriperumbudur. The conciliation ended in failure as no settlement was reached. The conciliation failure report was submitted by the Conciliation Officer on 07.10.2016, to the Government of Tamil Nadu. The Government of Tamil Nadu rejected 12 demands out of the 22 demands, vide G.O.D.No.567 dated 14.09.2017 and referred 10 demands to the Industrial Tribunal. The Tribunal vide impugned award dated 23.05.2023 allowed the following demands:

(i) Demand No.1 Basic Salary (ii) Demand No.2 Variable Dearness Allowance (iii) Demand No.5 Conveyance Allowance (iv) Demand No.8 Night Shift Allowance (v) Demand No.9 Educational Allowance

4. The Tribunal further directed that the award shall be enforced with effect from 18.09.2015 i.e., date of demand and the dues to the workmen covered under the disputed shall be disbursed within a period of two months from the date of publication of the award. Aggrieved by the said award of the Tribunal, the company has filed the above writ petition for the aforesaid relief.

5. The learned counsel for the petitioner submitted that the Tribunal erred in allowing Demand Nos.1, 2, 4, 8 and 9. The counsel submitted that the Tribunal failed to apply the principle of industry-cum-region while fixing the wages on revision and further failed to consider the financial burden on the company for discharging the liability from the date of demand i.e., 18.09.2015. The learned counsel submitted that the award of the Tribunal, insofar as it relates to Demand Nos.1, 2, 4, 8 and 9 is erroneous and against the evidence on record. The learned counsel further submitted that the Tribunal failed to note that the balance sheets marked as Exhibit M53 to M58 clearly established that the company was incurring loss right from the year 2014-2015. The counsel submitted that the learned Judge erred in concluding that the company was making profit by merely taking the annual turnover, without making any provision for deductions or depreciations. The learned Counsel therefore submitted that the award of the Tribunal was illegal and deserved to be set aside.

6. The learned Senior counsel for the respondent submitted that the award of the Tribunal was a well considered and reasoned Award. The learned Senior counsel submitted that the Tribunal adopted the right principles while allowing fair wages and therefore, this Court exercising jurisdiction under Article 226 of the Constitution of India, should not interfere with the same as an Appellate Court. The learned counsel therefore submi