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

RESERVED ON : 17.04.2025 PRONOUNCED ON : 29.05.2025 PRESENT:

THE HON’BLE DR. JUSTICE A.D. MARIA CLETE W.P.No. 6478 & 6480 of 2021 and W.M.P.No. 7057 of 2021 The General Secretary, Dakshin Bharat Hindi Prachar Sabha, Thanikachalam Road, T.Nagar, Chennai – 600017. ...Petitioner in both Wps Vs.

K.Ethiraj No.2, New Boag Road, Lalithapuram, T.Nagar, Chennai – 600017. …Respondent in both Wps Prayer in W.P.No.6478 of 2021 To issue appropriate writs, orders or directions more particularly a writ in the nature of Certiorari, calling for the concerned records from the II Additional Labour Court and quash the order of the II Additional Labour Court, Chennai in C.P.No.195 of 2016 dated 08.01.2021 as illegal, arbitrary and contrary to law, and pass such other orders or directions as this Hon’ble Court may deem fit in the circumstances of the case, award cost.

To issue appropriate writs, orders or directions more particularly a writ in the nature of Certiorarified Mandamus, calling for the concerned records from the II Additional Labour Court, Chennai in Sr.No. 143 of 2021 in unnumbered I.A.in C.P.No.195 of 2016 dated 22.01.2021 as illegal, arbitrary and contrary to law and consequently direct the II Additional Labour Court to number the I.A.Sr.No.143 of 2021 to set aside the ex parte order in C.P.No. 195 of 2016 dated 8.1.2021 and decide the petition on its merits and in accordance with law and pass orders on the same, and pass such other orders or directions as this Hon’ble Court may deem fit in the circumstances of the case, award cost and render justice.

Prayer in W.M.P. No.7057 of 2021 ( in W.P.No. 6478 of 2021)

To stay the operation of the order of the II Additional Labour Court Chennai dated 8.1.2021 in C.P.No. 195 of 2016 pending disposal of the writ petition Appearance of Parties:

For Petitioner: M/s.Balan Haridas and R.Kamatchi Sundaresan, Advocates For Respondent: M/s. B.L.Jayakandan and T.Pushpavathi, Advocates

J U D G E M E N T

Heard.

2.The petitioner in both writ petitions is the same organization, and the contesting respondent is also common to both cases. In the first writ petition, the petitioner challenges the order dated 08.01.2021 passed by the II Additional Labour Court, Chennai in C.P. No. 195 of 2016, whereby the Labour Court allowed the claim made by the contesting respondent and directed the petitioner to pay a sum of Rs.5,97,307/-, along with costs of Rs.50,000/-.

3.The petitioner contended that the hearing in the claim petition was unilaterally closed on 24.11.2020, and after hearing the arguments of the respondent on 15.12.2020, the Labour Court erroneously recorded that the petitioner had also argued the matter on 21.12.2020. Thereafter, the Labour Court proceeded to pass final orders in the claim petition on 08.01.2021. Aggrieved, the petitioner filed I.A. No. ___ of 2021 (SR No. 143/2021) seeking to set aside the ex parte order; however, the said application was rejected by order dated 22.01.2021. Challenging this rejection, the petitioner filed the second writ petition. Both writ petitions were admitted on 12.03.2021, and an interim stay was granted in the connected writ miscellaneous petition. Upon notice, the respondent entered appearance and also filed a statement detailing the arrears of salary and pension allegedly due to the contesting respondent.

4.The respondent filed a claim petition under Section 33C(2) of the Industrial Disputes Act, 1947 before the II Additional Labour Court, seeking a sum of Rs.5,97,307/-. According to the respondent, he was initially engaged as an attender on daily wages in the petitioner-Sabha in the year 1977. He was subsequently made permanent in 1982, brought under the time scale of pay, and promoted as a Grade I Clerk from the year 1983 onwards. However, pursuant to disciplinary proceedings initiated against him, he was dismissed from service on 18.07.2007.

5.At the time of his dismissal, an industrial dispute i