High Court · 2025

IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 27.03.2025CORAMTHE HONOURABLE MR. JUSTICE M.DHANDAPANIW.P.No.6185 of 2025 TTK Health Care Limited,Rep by its Managing Director,TTN Complex, No.12, KPN Natham Road,Thiruvadarkovil, Puducherry-102.… PetitionerVs.1. United Labour Federation,Rep. By its Joint Secretary,No.149, 4th Floor, C.J.Complex,Thambu Chetty Street,Chennai-1.2. INTUC TTK Health Care Employees Union,Rep. By its President/Secretary,No.1, Pillayar Kovil Street,Thirubuvanai Palayam,Puducherry.3. Packwell Packaging Products Ltd.,Rep. By its Managing Director,TTN Complex, No.12, KPN Natham Road,Thiruvandarkovil, Puducherry – 102. … Respondents1 https://www.mhc.tn.gov.in/judis Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus to call for the records and quash the order dated 03.01.2025 passed in IA. No.12 of 2025 in IA. No.10 of 2021 in ID.(T) No.13 of 2014 on the file of the Presiding Officer, Industrial Tribunal cum Labour Court, Puducherry and consequently, direct the Industrial Tribunal cum Labour Court at Puducherry to dispose of IA. No.12 of 2025 in IA. No.10 of 2021 in ID(T) No.13 of 2014 on merits in accordance with law. For Petitioner: Mr.S.Ravi, Sr.C For M/s.S.Indumathi RaviFor Respondents : Mr.C.K.Chandrasekar R2 Mr.S.Gokul R1R3 – NDW vide endorsement O R D E R The Writ petition has been filed seeking to quash the order dated 03.01.2025 passed in IA. No.12 of 2025 in IA. No.10 of 2021 in ID.(T) No.13 of 2014 on the file of the Presiding Officer, Industrial Tribunal cum Labour Court, Puducherry and consequently, direct the Industrial Tribunal cum Labour Court at Puducherry to dispose of IA. No.12 of 2025 in IA. No.10 of 2021 in ID(T) No.13 of 2014 on merits in accordance with law. 2. The case of the petitioner is that the petitioner was originally known as TTK -LIG limited. There was a dispute between the petitioner and the 2 https://www.mhc.tn.gov.in/judis respondents 1 & 2. Due to which, the first respondent raised a dispute against the petitioner and the third respondent before the Labour Court and the Pondicherry Government referred the matter to the Industrial Tribunal, Pudhucherry. Pursuant to the aforesaid order of reference, the Industrial Tribunal numbered the dispute as ID. No.13/2014. During pendency of the dispute, the petitioner entered into negotiation with the first respondent and signed a settlement under Section 18 (1) of the ID Act dated 27.07.2019. Even during the pendency of the dispute some of the workmen who were members of the first respondent, left the Union and joined the second respondent Union. Consequently, the second respondent filed IA. No.41 of 2019 for being impleaded as the second petitioner in ID.(T) No.13 of 2014. Apart from the workmen affiliated to the first respondent, the settlement has been accepted by a majority of the workmen employed with the petitioner including the members of the second respondent union. Thus, the settlement dated 27.07.2019 has been accepted by 151 out of the 219 workmen employed by the petitioner. All the workmen have also agreed that the settlement executed by them is full and final settlement of all their claims against the petitioner management and they have also agreed for the settlements to be filled before this Court for passing an award in terms of the 3 https://www.mhc.tn.gov.in/judis settlement dated 27.07.2019. Consequent to the above, the petitioner filed IA. No.10/2021 for passing an award in terms of the settlement dated 27.07.2019. In the meanwhile, the third respondent has entered into a settlement with the first respondent Union and they filed IA. No.161/2019 for passing an award in terms of the settlement dated 29.08.2019. The Industrial Tribunal heard the arguments in the said application and by order dated 24.02.2022, allowed the applications filed by the petitioner as well as the 3rd respondent. 3. Such being the position, I.A.No.10/2021 filed by the petitioner for passing an award in terms of the Settlement dated 27.07.2019 in ID. No.13/2014 and the same has posted for further hearing on 15.03.2022. On that day, the learned counsel commenced arguments and once against posted on 19.04.2022 for continuation of arguments. Pursuant to the orders of this Court in W.P.no.19774 of 2022 and W.A.No.2471 & 2474 of 2024, the second respondent also filed IA. No.13 of 2025 in IA. No.10/2021 and IA. No.14/2025 in IA. No.161 of 2021 in ID(T) No.13 of 2014 to reopen the matter, review the settlement to examine its fairness. 4. In view of the orders passed by this Court, IA. No.10 of 2021, the 4 https://www.mhc.tn.gov.in/judis Tribunal have directed the parties to adduce evidence in the main dispute ID (T) No.13/2014. The Industrial Tribunal while having allowed the re-open petitions filed by the second respondent in IA. No.10 of 2021 in ID (T) No.13/2014, the Tribunal has dismissed the amendment petition, IA. No.12 of 2025 in IA.No.10 of 2021 in ID (T) No.13/2014 filed by the petitioner for amending the pleadings and prayer in IA. No.10 of 2021 on the ground that the petition itself is not maintainable. Aggrieved by the said proceeidngs before the Labour Court cum Industrial Tribunal. The petitioner has filed the present writ petition before this Court to quash the impugned order dated 03.01.2025. 5. The learned Senior Counsel for the petitioner submitted that though the Hon'ble Division Bench of this Court issued a direction to the learned single Judge of this Court to dispose the ID(T) No.13/2014 as expeditiously as possible. However, during pendency of the ID, there are two settlements arrived at between the petitioner and the recognized trade union and the two settlements has to be decided as first issue and charted on demand made by the second respondent has to be decided as second issue. The learned counsel prays that this Court may direct the Labour Court to decide both the 5 https://www.mhc.tn.gov.in/judis issues simultaneously while disposing the main ID itself. 6. The learned counsel for the respondents have not raised any objections on the arguments made by the learned counsel for the respondents. 7. Heard the learned counsel for the petitioner as well as the respondents and perused the materials available on record.8. Considering the facts and circumstances of the case and in view of the consent view expressed by the learned counsel on either side, this Court directs the Industrial Tribunal to dispose the ID(T) No.13/2014 for consideration on the issue of the fairness and justness on the settlement entered into between the parties within a period of six months from the date of receipt of a copy of this order. The parties are directed to cooperate with the Tribunal without taking unnecessary adjournments. 9. With the above direction, the writ petition stands disposed of. No costs. 27.03.2025rli6 https://www.mhc.tn.gov.in/judis To1. The Presiding Officer, Industrial Tribunal cum Labour Court, Puducherry.7 https://www.mhc.tn.gov.in/judis M.DHANDAPANI,J.RliW.P.No.6185 of 202527.03.20258