IN THE HIGH COURT OF JUDICATURE AT MADRAS (Special Original Jurisdiction)

RESERVED ON : 22.04.2025 PRONOUNCED ON : 29.05.2025 PRESENT:

THE HON’BLE DR. JUSTICE A.D. MARIA CLETE W.P.No. 3801 of 2021 and W.M.P.No.4337 of 2021 The Management of the Nilgiris District Co-operative Milk Producers Union Coonoor Road, Udhagamandalam …. Petitioner Vs.

S.Natarajan, S/o. Subbiah, No.372-B, Attukollai, R.K.S.Mandy, Yellanalli, Nilgiris – 643 243 …. Respondent Prayer in W.P.

To issue a writ of certiorari or any other appropriate or order or direction in the nature of the writ calling for the records in C.P.No. 149 of 2011 on the file of the Additional Labour Court, Coimbatore dated 07.11.2019 and quash the same and pass such further or other orders as this Hon’ble Court may deem fit and proper and thus render justice.

Prayer in W.M.P.

To grant an order of Interim Stay of all further proceedings pursuant to an Award dated 07.11.2019 and made in C.P.No.149 of 2011 on the file of the Additional Labour Court, Coimbatore pending disposal of the above writ petition.

Appearance of Parties:

For Petitioner : M/s. G.Muniratnam and V.Manisekaran, Advocates For Respondent : Ms.G.K.Dharshini, Advocate For M/s.R.Krishnasamy, V.Ajoy Khose, V.Porkodi, S.Manogaran and H.Nandhini, Advocates

J U D G M E N T

Heard.

2.The petitioner is the Co-operative Milk Producers Union of Nilgiris District. In this writ petition, the petitioner challenges the order dated 07.11.2019 passed by the Additional Labour Court, Coimbatore in C.P. No. 149 of 2011. By the said order, the Labour Court computed a sum of Rs.4,34,205/- as dues payable to the respondent for the period from 17.04.1996 to

31.03.2011, along with costs of Rs. 5,000/-.

3.When the writ petition was listed for admission on 22.02.2021, this Court directed issuance of notice to the respondent and granted an interim stay, subject to the condition that the petitioner-management shall pay 25% of the amount awarded by the Labour Court, failing which the interim order shall stand vacated automatically without further reference to the Court.

4.Subsequently, when the matter was listed on 05.11.2024, it was directed to be placed before the Lok Adalat scheduled for 14.12.2024. However, as the parties were unable to arrive at a settlement, the matter was returned for hearing before this Court.

5.The records reveal that the respondent, along with 73 other workmen, invoked the provisions of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 (hereinafter referred to as the “Permanent Status Act”), through their trade union. Upon hearing both sides, the competent authority passed a final order dated 31.01.1992 in Case No. 1 of 1992, holding that all 74 workers represented in the application were entitled to be conferred with permanent status. The names of the concerned workmen were enumerated in the annexure to the said order, wherein the respondent’s name appears at Serial No. 47. His date of entry into service was recorded as 17.04.1986, and it was found that he had completed 480 days of continuous service within a span of 24 calendar months as on 12.08.1987. 6.However, as the respondent was not employed he raised an industrial dispute before the Government Labour Officer concerning his non- employment. The dispute was taken on file by the Labour Court, Coimbatore as I.D. No. 82 of 1995. After issuing notice to the parties and conducting a full- fledged trial, the Labour Court passed a final award dated 17.04.1996. In the operative portion of the award, the Labour Court held as follows: “bjh/rh/2 cjj; utpd; fPH; kDjhuu; epue;jpug;gLj;j ntzL; bkd;w bjhHpwr; hiy cjtp gpujk Mat; hsu; cjj; ut[g; gpwg;gjj; pUgg; jpdhy; mjdg; o kDjhuUfF; gzp mspf;f ntzL; k;/ kDjhuu; gzpf;F M$uhftpyi; y vd;W TwpaJ rupay;y/ kDjhuUf;F gzp bra;a mDkjp kWff; g;glo; Uf;fpwJ/ mtt; hW mDkjp kWf;fg;gll; J gzp ePff; j;jpw;F xgg; hdjhFk/; vdnt ,e;j tHf;fpy; jhf;fy; bra;ag;gll; Mtz';fis vyy; hk; rPu;Jhf;fpg; ghu;f;Fk;nghJ kDjhuUf