WP/8000/2026 of K.SUGUMARAN Vs THE MANAGEMENT

WP Nos. 8000 of 2026 etc., batch IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-04-2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI WP Nos. 8000, 8005, 8009, 8032, 8037 and 10089 of 2026 & WMP Nos. 8656, 8659, 8663, 8688, 8692 and 10886 of 2026 WP No. 8000 of 2026 K.Sugumaran Petitioner Vs The Management, Tamilnadu Telecommunications Limited, E18B-24, CMDA Industrial Complex, Maraimalai Nagar-603 209, Chengalpattu District. Respondent WP No. 8005 of 2026 Santhanam S Petitioner Vs The Management, Tamilnadu Telecommunications Limited, E18B-24, CMDA Industrial Complex, Maraimalai Nagar-603 209, Chengalpattu District. Respondent WP No. 8009 of 2026 M.Balu Petitioner Vs The Management, Tamilnadu Telecommunications Limited, E18B-24, CMDA Industrial Complex, Maraimalai Nagar-603 209, Chengalpattu District. https://www.mhc.tn.gov.in/judis WP Nos. 8000 of 2026 etc., batch Respondent WP No. 8032 of 2026 R.Vinayagam Petitioner Vs The Management, Tamilnadu Telecommunications Limited, E18B-24, CMDA Industrial Complex, Maraimalai Nagar-603 209, Chengalpattu District. Respondent WP No. 8037 of 2026 B.Sasikumar Petitioner Vs The Management, Tamilnadu Telecommunications Limited, E18B-24, CMDA Industrial Complex, Maraimalai Nagar-603 209, Chengalpattu District. Respondent WP No. 10089 of 2026 K.Prakash Petitioner Vs The Management, Tamilnadu Telecommunications Limited, E18B-24, CMDA Industrial Complex, Maraimalai Nagar-603 209, Chengalpattu District. Respondent Prayer in W.P.No.8000 of 2026: Writ Petition filed under Article 226 of Constitution of India praying for an issuance of a Writ of Certiorarified https://www.mhc.tn.gov.in/judis WP Nos. 8000 of 2026 etc., batch Mandamus to call for the records relating to the order dated 20.01.2026 passed by the Labour Court, Kancheepuram in I.A.Nos.3, 4 a nd 5 of 2025 in C.P.No.13 of 2023 and to quash the same and to conseque ntly direct the respondent / Management to produce the documents. Prayer in W.P.No.8005 of 2026: Writ Petition filed under Article 226 of Constitution of India praying for an issuance of a Writ of Certiorarified Mandamus to call for the records relating to the order dated 20.01.2026 passed by the Labour Court, Kancheepuram in I.A.Nos.1,2 an d 3 of 2025 in C.P.No.12 of 2023 and to quash the same and to conseque ntly direct the respondent / Management to produce the documents. Prayer in W.P.No.8009 of 2026: Writ Petition filed under Article 226 of Constitution of India praying for an issuance of a Writ of Certiorarified Mandamus to call for the records relating to the order dated 20.01.2026 passed by the Labour Court, Kancheepuram in I.A.Nos.1,2 an d 3 of 2025 in C.P.No.11 of 2023 and to quash the same and to conseque ntly direct the respondent / Management to produce the documents. Prayer in W.P.No.8032 of 2026: Writ Petition filed under Article 226 of Constitution of India praying for an issuance of a Writ of Certiorarified Mandamus to call for the records relating to the order dated 20.01.2026 passed by the Labour Court, Kancheepuram in I.A.Nos.3, 4 a nd 5 of 2025 in C.P.No.9 of 2023 and to quash the same and to consequen tly direct the respondent / Management to produce the documents. Prayer in W.P.No.8037 of 2026: Writ Petition filed under Article 226 of Constitution of India praying for an issuance of a Writ of Certiorarified Mandamus to call for the records relating to the order dated 20.01.2026 https://www.mhc.tn.gov.in/judis WP Nos. 8000 of 2026 etc., batch passed by the Labour Court, Kancheepuram in I.A.Nos.4,5 an d 6 of 2025 in C.P.No.98 of 2024 and to quash the same and to conseque ntly direct the respondent / Management to produce the documents. Prayer in W.P.No.10089 of 2026: Writ Petition filed under Article 226 of Constitution of India praying for an issuance of a Writ of Certiorarified Mandamus to call for the records relating to the order dated 20.01.2026 passed by the Labour Court, Kancheepuram in I.A.Nos.1, 2 a nd 3 of 2025 in C.P.No.10 of 2023 and to quash the same and to conseque ntly direct the respondent / Management to produce the documents. In all Cases For Petitioner(s): For Respondent: Mr.K.K.Ram Siddhartha in all cases Ms.Lawshere and Mr.P.Balasubramanian C O M M O N O R D E R Since the issues involved in all the petitions are one and same, they are taken up together and a common order is being passed. 2. These Writ Petitions have been filed to call for the r ecords relating to the impugned order dated 20.01.2026 passed by the Labo ur Court, Kancheepuram and to quash the same and consequently to direct the respondent / Management to produce the documents. 3. The brief facts leading to the filing of the Writ Petitions are as follows:- The petitioners are the employees of the respondent-Company and during August, 2017, the Maraimalai Nagar plant of the re spondent ceased https://www.mhc.tn.gov.in/judis WP Nos. 8000 of 2026 etc., batch operations due to financial constraints. Though the respondent did not retrench, terminate or discharge any of the employees, howe ver, requested one of its promoter companies to absorb all 67 employees on deputation. While most employees accepted the said deputation, a few workmen, including one similarly placed co-worker as that of the petition ers refused the said deputation. On earlier occasion, the workmen, who refu sed the said deputation, filed Claim Petition Nos.27,28 and 52 of 201 9 before the Labour Court under Section 33(c)(2) of Industrial Disputes Act, see king computation and payment of wages and the said Claim Petitions were a llowed by the Labour Court, Kancheepuram and directed the respondent f or payment of wages. Aggrieved against the same, the respondent / Mana gement challenged the said order before this Court in W.P.No.2661 8 of 2023 and the said Writ Petition was dismissed and the order passed by the La bour Court was confirmed and the Management did not file any furt her appeal, thereby the order passedby the Labour Court attained fianlity. T he petitioners, being similarly placed persons as that of the workmen, who pref erred Claim Petition Nos.27, 28 and 52 of 2019, has filed Claim Petitions and pending claim petitions, Interim Applications were filed seeking production of machine log books, duty allocation records, wage registers, service records, related documents and annual returns of the Company, all of wh ich are the exclusive custody of the Management and the said applications were dismissed, challenging the same, the present Writ Petitions have been filed. https://www.mhc.tn.gov.in/judis WP Nos. 8000 of 2026 etc., batch 4. The learned counsel appearing for the petitioners w ould submit that the petitioners filed claim petitions claiming certain arrears of salary and medical assistance for different periods from the year 2018 to 2023. After hearing the petitioners as well as the Management, the Labour Court posted the claim petitions ‘for orders on 08.07.2025’ and subse quently, the respondent filed a memo to hear the Claim Petitions afre sh and on the basis of the memo, the Labour Court suo motu reopened the Claim Petitions for clarification for the following points:- ‘1. Whether the petitioner is workman as per Section 2(c) of the ID Act. 2. Whether there is pre-exciting right. 3. Whether the respondent is still functioning. 4. Proof for the calculation arrived to be filed. Thereafter, the petitioners filed I.A.s under Section 1 1 r/w Rule 39 of the Industrial Disputes Act and Rules to recall and re-open the case of the petitioners to let in further evidence and to direct the resp ondent to file certain documents to prove the nature of work performed by the petitioners. However, the said I.A.s were dismissed by way of an Impugne d order dated 20.01.2026, challenging the same, the present Writ Petitions have been filed. 5. Further, the learned counsel appearing for the petitioners would submit that earlier, certain employees of the respondent have preferred Claim https://www.mhc.tn.gov.in/judis WP Nos. 8000 of 2026 etc., batch Petitions in C.P.Nos.27, 28 and 52 of 2019 seeking to disbu rse the balance/ arrears of salary and the same were allowed on 31.10.202 2. Challenging the same, the respondent filed a Writ Petition No.26618 of 2023 and on 12.09.2023, this Court, dismissed the Writ Petition and no ap peal has been preferred by the respondent, now, seeking payment for the medical assistance and the arrears of salary for different period, the pr esent Claim Petitions have been filed. That apart, on the request of the responde nt / management, the case was suomotu re-opened for clarifying the above said points, in which the petitioners established their case for letting in additional evide nce and the same was denied by the Labour Court, which is not a sustai nable one. The present Writ Petitions have filed on the sole ground to gr ant liberty to the petitioner and if not, it will cause severe prejudice and loss, th ereby he prayed for passing appropriate orders. 6. On the other hand, the counsel appearing for the respondent submitted that the order passed by the respondent shall be set aside and liberty may be granted to the petitioners to let in cont ra evidence by producing necessary documents through management. 7. Considering the above said facts and circumstances of the ca se and taking note of the fact that the similarly placed persons like that of the petitioners preferred Claim Petition Nos.27,28 and 52 of 2019 and the same https://www.mhc.tn.gov.in/judis WP Nos. 8000 of 2026 etc., batch were allowed by the Labour Court on 31.10.2022 and ch allenging the same, the Management preferred W.P.No.26618 of 2023 and t he said Writ Petition was dismissed by an order dated 12.09.2023 and the fact that no appeal has been preferred challenging the said order, further, taking into consideration of the submission made by the learned counsel appearing for t he respondent, these Writ Petitions are allowed and the impugned order dated 20.01.2026 is set aside and liberty is granted to the petitioners to let i n contra evidence by producing necessary documents through Management. Consequen tly, connected Miscellaneous Petitions are closed. No costs. 09-04-2026 ssd To The Management, Tamilnadu Telecommunications Limited, E18B-24, CMDA Industrial Complex, Maraimalai Nagar-603 209, Chengalpattu District. https://www.mhc.tn.gov.in/judis WP Nos. 8000 of 2026 etc., batch M.DHANDAPANI, J., ssd WP Nos. 8000 of 2026 etc., batch 09.04.2026 https://www.mhc.tn.gov.in/judis