A court may set aside a labour tribunal's preliminary award when the parties agree that a specific dispute requires fresh adjudication, remitting the matter back to the lower court for a decision on merits.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-04-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI The Secretary, Coimbatore District General Engineering and Mechanical Workers Union (CITU)

Coimbatore 641 020 ..Petitioner Vs The Management L.G Balakrishnan and Brothers Limited, Annur Plant, Ganesapuram, Kattampatti P.O., Coimbatore 641 107 ..Respondent Writ Petition filed under Art.226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus after calling for the records pertaining to the preliminary award dated 25.08.2023 passed by the Learned Principal Labour, Court, Coimbatore in ID. No 140 of 2013, quash the same and consequently direct the Respondent Management to grant the reliefs as prayed in demand nos. 1 and 2 with all consequential and other monetary benefits as prayed for by the petitioner union in the above dispute, award costs.

For Petitioner : Mr. Manish Kumar for Mr.V.Ajoy Khose For Respondent : Mr. S. Ravindran, Senior Counsel for Mr.S.Sellapillai Kumar

ORDER

This Writ Petition is filed praying for issuance of Writ of Certiorarified Mandamus after calling for the records pertaining to the preliminary award dated 25.08.2023 passed by the Learned Principal Labour, Court, Coimbatore in ID.No.140 of 2013, quash the and consequently direct the Respondent Management to grant the reliefs as prayed in demand nos. 1 and 2 with all consequential and other monetary benefits as prayed for by the petitioner union in the above dispute, award costs.

2. Learned counsel appearing for the petitioner submitted that the petitioner Union raised industrial dispute before the Principal Labour Court, Coimbatore in I.D.No.140 of 2013 as against the respondent Management challenging (i) the deputation of training of three employees of the respondent management who are the members of the petitioner Union from Karur to Koodalur and (ii) the non payment of the contract settlement amount in favour of the 30 members of the petitioner Union by the respondent Management. The claims of the petitioner Union was rejected by the Labour Court on the ground that the aggrieved persons/employees of the respondent Management are independently and exclusively the members of the CITU Union only and they are no longer the members of petitioner Union. In the circumstances, the petitioner Union has no legal right to raise the industrial dispute with regard to

30 employees and if at all they have any grievance, they could seek their remedy only through their union viz., CITU and hence the claim of the petitioner Union in respect of 30 employees are not sustainable in law. Hence, the present Writ Petition is filed.

3. The learned Senior Counsel appearing for the respondents would submit that in respect of first issue with regard to the deputation on training of three members of the petitioner Union from Karur to Koodalur, after domestic enquiry, they were dismissed from service on 28.03.2013. Aggrieved against which, they raised industrial dispute in I.D.Nos.35 of 2015, 124 of 2014 and 125 of 2014 before the Labour Court, Coimbatore and by order dated 25.08.2023, the Labour Court, instead of reinstatement, ordered for payment of compensation to the employees. Challenging the award passed by the Labour Court, the respondent Management filed writ petitions before this Court in W.P.No.7448 of 2024, 7450 of 2024 and 7451 of 2024, wherein, an order of interim stay of the award was granted. Thereafter, the employees of the petitioner Union have also filed W.P.Nos.22698, 22702 and 22705 of 2025 claiming the relief of reinstatement of the employees in service along with back wages. The above writ petitions filed by the Management are still pending and in view of the above, there is no need for adjudication in respect of first issue. Howev