High Court · 2025

W.P.No.28587 of 2023IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 11.07.2025CORAMTHE HONOURABLE MR. JUSTICE P.DHANABAL W.P Nos.28587 and 28593 of 2023and W.M.P. Nos.28138, 28139 & 28140 of 20231. G. Nehru ....Petitioner (in W.P. No.28587 of 2023)1. M. Subramaniyan2. D. Krishnaveni,3. D. Richkumar ... Petitioners (in W.P. No.28593 of 2023)..Vs..M/s. Flow Link System Private Limited,represented by its Authorized Signatory,Managing Director,Uthupalayam Road, Arasur,Coimbatore - 641 407. ... RespondentPRAYER: These Writ petitions filed under Article 226 of the Constitution ofIndia seeking to issue a Writ of Certiorarified Mandamus calling for therecords from the Industrial Tribunal, Tamil Nadu, Chennai, quash the order dated 03.01.2022 in Approval Petition Nos.36 and 40 of 2013 passed by the 1/9 https://www.mhc.tn.gov.in/judis W.P.No.28587 of 2023Presiding Officer, Industrial Tribunal, Tamil Nadu, Chennai holding that the domestic enquiry conducted by the respondent as fair and reasonable and the order of the Industrial Tribunal, Tamil Nadu, Chennai dated 20.02.2023 in Approval Petition Nos.36 and 40 of 2013 as illegal, arbitrary and contrary to law and consequently direct the respondent to reinstate the petitioners with continuity of service, full backwages and all other attendant benefits.For Petitioners : Mr.Balan HaridasFor Respondent : Mr.R. Jayaprakash ****** O R D E RThese Writ petitions have been filed by the petitioners to quash the order passed by the Presiding Officer, Industrial Tribunal, Tamil Nadu, Chennai in Approval Petition No.36 and 40 of 2013 dated 03.01.2022 and consequently, to direct the respondent to reinstate the petitioners with continuity of services with full backwages and all other attendant benefits.2. The learned counsel appearing for the petitioners would submit thatthe respondent is engaged in manufacture of Valves and the petitioners wereemployed in the respondent company and they were the members of2/9 https://www.mhc.tn.gov.in/judis W.P.No.28587 of 2023Bharathiya Kovai Mavatta Podhu Thozhilalar Sangam and the said Union had submitted charter of demand with regard to work load and wagerevision etc., The respondent failed to initiate negotiation. Therefore, in orderto bring the Management to negotiation table, a Strike Notice was issued. Inorder to dilute the demands and to divert the issue, the Management enteredinto a Settlement under Section 18(1) of the Industrial Disputes Act with the minority unions. Thereafter, the Management engaged in victimizing spree topunish the employees who wanted the demands to be conciliated. In suchbackdrop, the petitioners were charge sheeted by foisting false charges. Thecharge against the petitioners was that on 29.06.2012, they did not report for work and they were part of illegal strike and prevented other employees, who were working and also used abusive language against the employees. Thereby, a Show Cause Notice was issued and the petitioners were suspendedon 10.08.2012. Thereafter, a domestic enquiry was conducted and theEnquiry Officer rendered his findings that the charges against the petitionerswere proved. Thereafter, the Management issued a 2nd Show Cause Noticeand thereafter, passed a dismissal order against the petitioners. TheManagement filed an Approval Petition before the Industrial Tribunal in A.P.No.36 and 40 of 2013 and the same was allowed by the Tribunal and the same 3/9 https://www.mhc.tn.gov.in/judis W.P.No.28587 of 2023is now under challenge before this Court.3. After filing of these Writ petitions, the petitioners have raised anindustrial dispute before the Labour Court as against the dismissal orderawarded by the Disciplinary Authority and the same is pending. Though the petitioners have raised an industrial dispute before the competent LabourCourt, in the Approval Petition, the Tribunal has rendered findings as againstthe petitioners, which affects the rights of the petitioners in the industrialdispute raised by them as against the dismissal order passed by theManagement. Therefore, he prayed to allow this Writ petition.4. The learned counsel appearing for the respondent would submit thatthe petitioners faced charges for their misconduct and they committed seriousmistakes and they did not report for work and they were part of the illegal strike and threatened the employees and used abusive language against the employees who were working in the company and therefore, they were charge sheeted for the said misconduct. Thereafter, a domestic enquiry was conducted and the Enquiry Officer rendered his findings that the charges were proved and the Disciplinary Authority awarded punishment of dismissal from service. 4/9 https://www.mhc.tn.gov.in/judis W.P.No.28587 of 2023After passing the dismissal order, the Management has filed an Approval Petition before the Industrial Tribunal and the same was allowed by granting approval of the dismissal after elaborate discussion. Thereafter, the petitioners have raised an industrial dispute and the same is pending before the competentForum. Therefore, the present Writ petition is liable to be dismissed.5. Heard both sides' and perused the entire materials available onrecord. 6. In this case, it is an admitted fact that a Charge Memo was served on the petitioners for the alleged allegations that they did not report for work and they were part of illegal strike and prevented other employees, who were working and also used abusive language against the employees. Before that, a Show Cause Notice was issued on the petitioners and they also submitted their explanation. Not being satisfied with the explanation offered by the petitioners, charges were framed and a domestic enquiry was conducted. In the domestic enquiry, principle of natural justice were followed and thereafter, the Enquiry Officer submitted his findings that the charges against the petitioners 5/9 https://www.mhc.tn.gov.in/judis W.P.No.28587 of 2023were proved and thereafter, a 2nd Show Cause Notice was also issued by the Management and thereafter only, the Management passed an order of dismissal from service. Therefore, there is no violation of principles of natural justice in the enquiry proceedings. Thereafter, the respondent Management filed an Approval Petition before the Industrial Tribunal and the same was allowed. Against which, the present petition is filed. 7. During the pendency of the Writ petition, the petitioners have filedan industrial dispute and the same is now pending before the competentForum. Since the petitioners raised an industrial dispute in regard to thedismissal order passed against them in the Disciplinary proceedings, thepresent Writ petition challenging the Approval petitions are liable to bedisposed of. According to the petitioners, the Industrial Tribunal renderedadverse remarks against the petitioners in the approval petition, therefore, thesaid observations have to be set aside. According to the respondent, theIndustrial Tribunal has passed a reasoned order. Since the Writ petitionerschallenged the dismissal order by raising an industrial dispute, if any adverseremarks recorded in the approval petitions, they cannot have any impact on theindustrial dispute raised by the petitioners for the dismissal of the punishment6/9 https://www.mhc.tn.gov.in/judis W.P.No.28587 of 2023awarded in the disciplinary proceedings. 8. In the above said circumstances, it is appropriate to direct theLabour Court to pass an appropriate order when the industrial dispute is raisedby the workmen / petitioners without any influence of the adverse remarksrendered in the approval petitions and dispose of the industrial dispute purelyon merits, based on the available records and evidences. Accordinglyordered.9. With the above said directions, these Writ petitions are disposed of.There shall be no order as to costs. Consequently, the connectedmiscellaneous petitions are closed.11.07.2025Index : Yes/NoSpeaking order/non-speaking orderLbmTo:The Presiding Officer,Industrial Tribunal, Tamil Nadu, Chennai.7/9 https://www.mhc.tn.gov.in/judis W.P.No.28587 of 2023P. DHANABAL. J.,LbmW.P Nos.28587 and 28593 of 2023and W.M.P. Nos.28138, 28139 & 28140 of 20238/9 https://www.mhc.tn.gov.in/judis W.P.No.28587 of 202311.07.20259/9