Management / President vs V. Chandrasekaran

B.Pugalendhi, J

A Primary Agricultural Co-operative Credit Society at Vallam has filed this writ petition as against the award passed by the Labour Court, Madurai in ID No. 217 of 1994, dated, 13.09.2006. The above Industrial Dispute has been raised by the respondent Chandrashekhar, claiming to be an employee of the petitioner Society, under Section 2A(2) of the Industrial Disputes Act that he has been terminated from service, without conducting any enquiry. He has also sought for employment with continuity of service with back wages. The said Industrial Dispute was allowed by the Labour Court, Madurai by its order dated, 13.09.2006 that the respondent is entitled for reinstatement along with backwages at the rate of 5% of the last drawn wages. Aggrieved by that order, the present writ petition has been filed by the Management through its elected President.

2.This writ petition was admitted for hearing on 16.02.2022 and taken up for final hearing on 28.10.2025. On that day, there was no representation for the petitioner Society. Therefore, this Court directed the Registry to list the matter under the caption ‘for dismissal’ on 30.10.2025. Even on that date, there was no representation for the petitioner Society and therefore, this Court directed the learned Special Government Pleader to get instructions from the petitioner Society and to proceed with the writ petition. Registry was also directed to furnish copies to the learned Special Government Pleader.

3.When this writ petition is taken up for hearing today, Mr.Senthoor Pandi, learned counsel seeks permission of this Court to withdraw this writ petition. However, he is not a counsel on record. He is also not having any papers pertaining to this writ petition and he is not aware of the facts of the case. When verified as to whether he is representing in this case or some other case, the learned counsel submits that as per the directions of Mr.Gunaseelan Muthaiah, learned counsel/his senior counsel, he has made this submission. Therefore, this Court passed over this matter for the appearance of Mr.Gunaseelan Muthaiah, learned counsel for the petitioner. In the afternoon, Mr.Gunaseelan Muthaiah, learned counsel has appeared through video conference and submits that the major portion of the award amount has already been settled to the respondent. According to him out of Rs.9,50,000/-, a sum of Rs.7,00,000/- has already been settled to the respondent and a sum of Rs.2,50,000/- is yet to be paid. Therefore, the Secretary of the petitioner Society, namely, Ms.Jegadeeswari has orally instructed the learned counsel to withdraw this writ petition, He further submits that no written instructions have been provided to him and he was informed over phone through mobile No. 8760567131.

4.This Court considered the submissions of the learned counsel for the petitioner Society and also perused the materials placed on record.

5.This writ petition has been filed by the petitioner Society as against the award passed by the Labour Court in I.D.No. 217 of 1994, dated 13.09.2006. The Industrial Dispute was raised by the respondent/employee that without any proceedings/enquiry, he has been terminated from service. The contention of the petitioner Society before the Labour Court is that the respondent was engaged on daily wage basis in the Fair Price Shop for a period of one year. He has not continued his service from the year 1992. It appears that the Industrial Dispute raised by the respondent in the year 1994 was disposed of only in the year 2006, after 12 long years. The Society has filed this writ petition as against the award passed by the Labour Court and the same is pending. While so, it is not known, how the Society has settled the issue with the respondent. Now the learned counsel for the petitioner Society seeks permission of this Court to withdraw this writ petition, that too, without any written instructions from the petitioner Society.

In view of the above, the Secretary of the petitioner Society shall appear before this Court on 11.11.2025 along with the particulars with regard to reasons for filing this writ petition and under what circumstances, they are now intending to withdraw this writ petition.

List on 11.11.2025, immediately after admission.