Judgments
Judgments
  1. Home
  2. /
  3. Madras High Court
  4. /
  5. 2009
  6. /
  7. January

Tamil Nadu Salt Corporation Ltd vs S.Rajagopal. ... 1St

Madras High Court|18 November, 2009

JUDGMENT / ORDER

COMMON ORDER This Writ Petitions are filed to issue a Writ of Certiorari, calling for the records relating to the impugned orders dated 3.8.2004 passed by the second respondent in C.P.Nos.383, 398, 403, 396, 390, 393, 384, 407, 405, 388 and 389 of 2000 respectively and quash the same.
2. The petitioner in all these cases is a State owned corporation engaged in production of salt at Alathur, Kancheepuram District. The first respondent in each one of the cases are workers in the factory of the petitioner corporation. Whileso, the State Government issued an order in G.O.Ms.No.264 dated 3.7.2000 directing the closure of the factory. A closure notice was issued and the factory was closed with effect from 2.8.2000. The first respondent workmen in each of the cases were not given notice pay and closure compensation as required under Section 25FFF of the Industrial Disputes Act, 1947. The workmen were also aggrieved that the petitioner corporation did not pay the minimum wages as was fixed by the State Government in G.O.(2D)No.15 Labour and Employment Department dated 28.3.1996. Therefore, the petitions were filed before the Labour Court, which were resisted by the petitioner corporation.
3. The Labour Court after considering the oral and documentary evidence came to conclusion that the first respondent in the writ petitions are workmen in the factory of petitioner corporation at Alathur and held that the workmen are entitled to notice pay and closure compensation. The Labour court granted the relief with regard to earned leave salary. Challenging the same, the corporation has filed the present writ petitions.
4. Batch of writ petitions challenging similar order of the Labour Court were filed in W.P.Nos.35874 to 35878 of 2005 etc., by the corporation and this court by a common order dated 22.12.2008 upheld the order of the Labour Court and dismissed the writ petitions. Counsel for the first respondent produced a copy of the said common order and stated that insofar as the other workmen in the cases decided on 22.12.2008, the petitioner corporation has already complied with the order of the Labour Court consequent to the dismissal of the writ petitions and no further appeal was preferred. Hence, similar relief should be granted.
5. Today when the matters are listed, there is no appearance on behalf of the writ petitioner. Hence, the court proceeded to adjudicate the cases on their own merits.
6. In view of the order dated 22.12.2008 passed in W.P.Nos.35874 to 35878 of 2005 etc., dismissing the writ petitions challenging the similar orders of the Labour Court granting benefit to the workmen and also taking note of the statement of the learned counsel appearing for the workmen that no appeal has been filed against the order dated 22.12.2008 passed in W.P.Nos.35874 to 35878 of 2005 etc., dismissing the writ petitions, the petitioner corporation having complied with the order of the Labour Court, the present writ petitions also deserve to be dismissed following the decision of this court in W.P.Nos.35874 to 35878 of 2005 etc., by order dated 22.12.2008.
7. There is no dispute with regard to the above submission. Accordingly, all the writ petitions are dismissed. There will be no order as to costs. Petitioner is directed to implement the order of the Labour Court within a period of four weeks from the date of receipt of a copy of this order.
ts To The Principal Labour Court, Chennai
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Tamil Nadu Salt Corporation Ltd vs S.Rajagopal. ... 1St

Court

Madras High Court

JudgmentDate
18 November, 2009