SEKAR REPORTER

Court News from Madras High Court

[30/01, 07:55] sekarreporter1: https://x.com/sekarreporter1/status/1751991089308020963?t=qRrBY_KtyT-g_eGnZvyhsg&s=08[30/01, 07:55] sekarreporter1: [30/01, 07:54] sekarreporter1: Coram:THE HONOURABLE MRS.JUSTICE N.MALAW.P.No.22214 of 2010T.Chitra…PetitionerVs.1.The Presiding Officer,III Additional Labour Court,Chennai-600 104.2.Hindustan Teleprinters Ltd.,(Now Known as HTL Ltd.)Represented by its Managing Director,Guindy, Chennai-600 032.…RespondentsPrayer: Writ Petition is filed under Article 226 of the Constitution ofIndia praying to issue Writ of Certiorari, calling for the records from thefiles of the 1st Respondent in C.P.No.561 of 2002 and quash its impugnedAward dated 26.04.2010 insofar as the 1st Respondent has dismissed theClaim Petition filed by the Petitioner.For Petitioner : Mr.K.M.Ramesh,Senior Counsel for Mr.K.G.Vipra NarayananFor Respondents : R-1 – CourtR-2 – M/s. B.Vishnu Chelliya[30/01, 07:54] sekarreporter1: The Hon’ble Division Bench of this Court in Writ Appeal No. 932of 2022 decided on 13.04.2023 in the case of The Management of JafraInsoles India Limited vs. The Presiding Officer, Principal Labour Court andOrs. following the aforesaid Judgment of the Hon’ble Supreme courtheld that the petitioner’s petition under Section 33(C)(2) of the I.D. Actwas maintainable, provided that there was an accrued right. If there wasany dispute of fact, which was not incidental to the computationpetition, the only remedy was to raise an Industrial Dispute.In the light of the facts of the present case and in the light of thelaw laid down in the aforesaid Judgments. I am of the view that theAward of the Labour Court calls for no interference and hence the writpetition is dismissed. There shall be no order as to costs.12.10.2023Index:Yes/NoSpeaking Order:Yes/NoNeutral Citation:Yes/No

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[30/01, 07:55] sekarreporter1: https://x.com/sekarreporter1/status/1751991089308020963?t=qRrBY_KtyT-g_eGnZvyhsg&s=08
[30/01, 07:55] sekarreporter1: [30/01, 07:54] sekarreporter1: Coram:
THE HONOURABLE MRS.JUSTICE N.MALA
W.P.No.22214 of 2010
T.Chitra
…Petitioner
Vs.
1.The Presiding Officer,
III Additional Labour Court,
Chennai-600 104.
2.Hindustan Teleprinters Ltd.,
(Now Known as HTL Ltd.)
Represented by its Managing Director,
Guindy, Chennai-600 032.
…Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India praying to issue Writ of Certiorari, calling for the records from the
files of the 1
st Respondent in C.P.No.561 of 2002 and quash its impugned
Award dated 26.04.2010 insofar as the 1
st Respondent has dismissed the
Claim Petition filed by the Petitioner.
For Petitioner : Mr.K.M.Ramesh,
Senior Counsel for Mr.K.G.Vipra Narayanan
For Respondents : R-1 – Court
R-2 – M/s. B.Vishnu Chelliya
[30/01, 07:54] sekarreporter1: The Hon’ble Division Bench of this Court in Writ Appeal No. 932
of 2022 decided on 13.04.2023 in the case of The Management of Jafra
Insoles India Limited vs. The Presiding Officer, Principal Labour Court and
Ors. following the aforesaid Judgment of the Hon’ble Supreme court
held that the petitioner’s petition under Section 33(C)(2) of the I.D. Act
was maintainable, provided that there was an accrued right. If there was
any dispute of fact, which was not incidental to the computation
petition, the only remedy was to raise an Industrial Dispute.
In the light of the facts of the present case and in the light of the
law laid down in the aforesaid Judgments. I am of the view that the
Award of the Labour Court calls for no interference and hence the writ
petition is dismissed. There shall be no order as to costs.
12.10.2023
Index:Yes/No
Speaking Order:Yes/No
Neutral Citation:Yes/No

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