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2021 DIGILAW 1206 (MAD)

Management Rasipuram Textiles Pvt. Ltd. v. Presiding Officer, Labour Court, Salem

2021-03-31

M.GOVINDARAJ

body2021
ORDER : WP NO.10610/2005 The second respondent / workman raised an industrial dispute before the Conciliation Officer, which ended in failure and failure report was also issued. Against which, he raised an industrial dispute in I.D.No.661 of 2004 seeking reinstatement with backwages. In that industrial dispute, an exparte award came to be passed on 17.04.2007 and the said award is under challenge in this writ petition. 2. The learned Senior Counsel appearing for the petitioner would submit that in the earlier batch of writ petitions in W.P.Nos.18289 of 2006 etc., batch, this Court has set aside the exparte awards on condition that the petitioner shall pay a sum of Rs.5,000/- towards costs. However, the said order could not be complied with, since the erstwhile owner of the petitioner died. Now that the award came to be passed without considering any merits of the case and the intermittent events wherein the petitioner underwent proceedings under BIFR and was also closed in the year 2006 itself. Therefore, the dispute has to be resolved after taking into consideration of all these issues on merits. Without considering the merits of the matter, the exparte award came to be passed and the same caused severe prejudice to the petitioner. 3. I have considered the submissions. In fact, the award though passed against an establishment, the Proprietor is no more and the petitioner has become defuncts due to BIFR proceedings. Therefore, it is highly difficulty to realise or mobilise the large sum as awarded. At the same time, it is important to note that the industrial dispute is of the year 2004 and it is sought to be restored after a period of 14 years. In such circumstances, the hardship caused to the workman should also be compensated by way of monetary benefits. 4. In view of the above, I consider that interest of justice would be met by ordering a sum of Rs.50,000/- to the second respondent / workman for setting aside the exparte award in I.D.No.661 of 2004 dated 17.04.2007. In such circumstances, the hardship caused to the workman should also be compensated by way of monetary benefits. 4. In view of the above, I consider that interest of justice would be met by ordering a sum of Rs.50,000/- to the second respondent / workman for setting aside the exparte award in I.D.No.661 of 2004 dated 17.04.2007. Accordingly, the petitioner shall pay a sum of Rs.50,000/- (Rupees Fifty Thousand Only) towards compensatory cost to the second respondent/workman within a period of two weeks from the date of receipt of a copy of this order and on such payment being made by the petitioner / company, the Labour Court, Salem is directed to take up the Industrial Dispute and decide the same, on merits and in accordance with law, within a period of one month thereafter. 5. The Writ Petition in W.P.No.10610 of 2015 is disposed of accordingly. 6. Now that the petitioner has come out with petitions in WMP Nos.2129, 2130, 2131, 2132, 2133, 2134 and 2135 of 2018 respectively, seeking extension of time for complying with the condition which was imposed by this Court on 23.07.2010 in W.P.Nos.18681, 18289 and 19128 of 2006 and on 26.07.2010 in W.P.Nos.18640 to 18643 of 2006 respectively. Now that, this Court has restored the industrial dispute by setting aside the award in respect of one of the worker in I.D.No.661 of 2004 dated 17.04.2007. In order to maintain equality, it is fair that the cost imposed for setting aside the exparte award should be increased on par with other petitioner in W.P.Nos.10605 to 10609, 18093 and 18094 of 2015. 7. Accordingly, the petitioner is directed to pay a sum of Rs.50,000/- (Rupees Fifty Thousand Only) to the respondent / workman in W.P.Nos.10605 to 10609, 18093 and 18094 of 2015, within the extended period of two weeks from the date of receipt of a copy of this order. On such payment, the Labour Court, Salem, is directed to restore the industrial disputes in I.D.Nos.288/1999, 289/1999, 290/1999, 322/1999, 336/1999, 321/1999 and 291/1999 respectively, on file and dispose of the same, on merits and in accordance with law, within a period of one month thereafter. 8. In fine, all the Writ Petitions are disposed of in the above terms. No costs. Consequently, connected miscellaneous petitions are closed.