Research › Search › Judgment

Madras High Court · body

2022 DIGILAW 3051 (MAD)

S. Karthikeyan v. Management of Sundaram Clayton Limited, Rep. by its Managing Director, Chennai

2022-09-01

R.N.MANJULA

body2022
JUDGMENT (Prayer: Civil Revision Petition is filed under Article 227 of The Constitution of India, to direct for speedy disposal of I.A.No.1 of 2020 in O.S.No.58 of 2020 pending on the file of District Munsif Cum Judicial Magistrate, Hosur, at earliest.) 1. This Civil Revision Petition has been preferred to direct for speedy disposal of I.A.No.1 of 2020 in O.S.No.58 of 2020 pending on the file of District Munsif Cum Judicial Magistrate, Hosur, at earliest. 2. The revision petitioners have also filed a Civil Miscellaneous Petition in C.M.P.No.14294 of 2022, seeking direction to the first respondent to pay 6 months last drawn wages as an interim relief pending disposal of the above Civil Revision Petition. 3. Heard Mr.V.Prakash, learned Senior Counsel for the petitioners and perused the materials available on record. 4. The short facts of the case are as follows: The revision petitioners are the plaintiffs who have filed a suit in O.S.No.58 of 2020 for permanent injunction restraining the defendants from withholding their wages which were payable from 09.10.2019 onwards by preventing the plaintiffs from performing their duties. The very same plaintiffs have filed an Interlocutory Application in I.A.No.1 of 2020, seeking temporary injunction restraining the defendants/respondents from withholding the pay of the petitioners by not permitting them to work. Since the said petition is pending from the year 2020 without any disposal, this Civil Revision Petition has been preferred. 5. Mr.V.Prakash, learned Senior Counsel for the revision petitioners submitted that despite the petition has been filed in the year 2020, the same is being adjourned repeatedly for filing counter of the respondents; since the petitioners are the workmen whose wages are withheld, the learned Trial Judge ought to have expedited the matter and disposed the same; hence a direction should be given. 6. The records would show that the Interlocutory Application which has been filed in I.A.No.1 of 2020, is pending for nearly two years. Despite notice has been served on the respondents and the learned counsels entered their appearance, the petition is being adjourned repeatedly for the purpose of filing counter. It is reliably learnt that the defendants also filed a petition in I.A.No.2 of 2021 by questioning the maintainability of the suit under Order VII Rule 11 of C.P.C. and the said petition is also pending for counter. 7. It is reliably learnt that the defendants also filed a petition in I.A.No.2 of 2021 by questioning the maintainability of the suit under Order VII Rule 11 of C.P.C. and the said petition is also pending for counter. 7. The learned Senior Counsel for the revision petitioners has undertaken to file counter in I.A.No.2 of 2021 within a week from the date of receipt of a copy of this order. In that case, the learned Trial Judge shall take up both I.A.No.1 of 2020 and I.A.No.2 of 2021 simultaneously for enquiry and dispose them as expeditiously as possible. In view of the urgency involved in the subject matter and the status of the petitioners being workmen, I feel it is appropriate to impress the learned Trial Judge to dispose the I.A.No.1 of 2020 along with I.A.No.2 of 2021 as expeditiously as possible preferably within a period of one month from the date of receipt of a copy of this order. 8. The revision petitioners have also filed a Civil Miscellaneous Petition in C.M.P.No.14294 of 2022, seeking direction to the first respondent to pay 6 months last drawn wages as an interim relief pending disposal of the above Civil Revision Petition. 9. The relief claimed by the revision petitioners in the above Civil Miscellaneous Petition cannot be granted without deciding the maintainability of the suit and the entitlement of the relief claimed by the revision petitioners/plaintiffs. Hence the petition is dismissed as not maintainable. 10. In the result, this Civil Revision Petition is allowed and the learned Trial Judge is directed to dispose the I.A.No.1 of 2020 along with I.A.No.2 of 2021 as expeditiously as possible preferably within a period of one month from the date of receipt of a copy of this order. No costs. 11. The petition filed in C.M.P.No.14294 of 2022 is dismissed as not maintainable.