A petitioner cannot claim a violation of natural justice or lack of opportunity if they have been afforded multiple adjournments over a prolonged period and failed to lead evidence, especially after having been directed by a higher court to do so.

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records of the impugned order dated 06.04.2026 in I.D.No.167 of 2015, passed by the II Additional Labour Court, at Chennai and quash the same.

ORDER

This Writ Petition had been filed challenging the order dated 06.04.2026 in I.D.No.167 of 2015 passed by the II Additional Labour Court, Chennai.

2. The brief facts of the case are that the respondent, though was designated as a Trainee, was engaged by the petitioner in the Quality Control Department without any training and he was directly involved in the manufacturing process. However, there is no dispute that the respondent falls within the definition of "Workman" under Section 2(s) of the Industrial Disputes Act, 1947. The respondent herein filed I.D.No.167 of 2015, seeking the relief of reinstatement along with full back wages, continuity of service and all other attendant benefits. During the course of I.D. proceedings before the Labour Court, there were totally 59 cases filed by the workers similar to the respondent herein, challenging their termination. The Labour Court concluded the proceedings, and orders were passed directing to set aside the order of dismissal of the respondent, granting continuity of service, and all other attendant benefits.

3. The learned counsel for the petitioner / Management submits that the Labour Court failed to provide any opportunity to the Management to adduce evidence. In the absence of such opportunity being given or in the event of one of the parties to the lis being absent, the procedure as contemplated under Order XVII of C.P.C., has to be followed. The learned counsel further submits that if at all the Management has failed to adduce any evidence, ex-parte order ought to have been passed, however, the Court had passed order on merits which is contrary to Order XVII Rules 2 and 3 of C.P.C. The learned counsel therefore submits that for the reason of not granting any opportunity to the Management to adduce evidence, the order passed by the Labour Court has to be set aside and the matter should be remitted back to the Labour Court for the limited purpose of granting opportunity to the Management to adduce evidence.

4. Mr.M.Gokul Prasanth, learned counsel who takes notice for respondent/workman submits that the Labour Court has granted ample opportunity to the Management, but the Management failed to adduce evidence, and as such, the case was protracted for nearly 10 years. Having granted several opportunities to the Management, the Labour Court had thought it proper to dispose of the case on merits on 06.04.2026. Hence, there is no scope for the Management to seek remand of the case.

5. Heard the learned counsel on either side and perused the materials available on record.

6. By consent, the writ petition is taken up for final disposal at the admission stage itself.

7. On a perusal of the records, it is seen that the Labour Court had directed the Management to let in evidence to prove the charges levelled against the respondent. During the course of the proceedings before the Labour Court, the petitioner / Management filed several writ petitions and obtained order of stay of the proceedings of the Labour Court. Finally, all the writ petitions were dismissed, directing the Management to let in evidence. After the writ petitions were disposed of, several adjournments were granted by the Labour Court, enabling the Management to adduce evidence. However, the Managem