Authority: Madras High Court, Bench of Hon'ble Justice K. Surender
Order Date: 13-08-2026
Case Overview
- Petition No. WP 31614 of 2026 (and WMP Nos. 34742 & 34744) filed by GKN Driveline India Ltd under Article 226 seeking certiorari against Labour Court order dated 30‑07‑2026.
- Respondent is GKN Driveline Workers Union (Reg.No.428/KPM) representing 32 Team Leader employees.
- Industrial dispute originated from G.O. No. 483 dated 19‑08‑2019, recorded as I.D. No. 251 of 2019, concerning whether the 32 employees qualify as workmen under Section 2(s) of the Industrial Disputes Act, 1947.
- Both parties presented evidence; Labour Court allowed the Union to reopen evidence, recall witness WW1, and submit additional documents. On 24‑06‑2026 the Court suo motu reopened the case for clarification and again permitted the Union to file further particulars.
- Management filed I.A. Nos. 16 and 17 of 2026 to reopen its evidence and recall witness MW2 to mark additional documents; the Labour Court dismissed these applications on 30‑07‑2026, prompting the present writ petition.
Final Outcome
- The High Court set aside the Labour Court’s order dated 30‑07‑2026.
- Management is granted one final opportunity to adduce evidence strictly on the question of the employees’ workmen status. The sole management witness shall appear before the Labour Court on 14‑08‑2026 with the relevant documents, inform the Court of this order, and file a memo to that effect.
- The Labour Court will fix a date for the management to complete its evidence; the employees’ counsel may cross‑examine the witness. Adjournments are permitted only for reasons beyond the Court’s control and must be recorded in writing.
- No further opportunity shall be granted beyond the date fixed by the Labour Court.
- Management must pay Rs. 20,000 to the Tamil Nadu State Legal Services Authority, Chennai, before the day fixed for adducing evidence.
- The writ petition is allowed, the impugned order is set aside, no costs are awarded, and the connected miscellaneous petitions are closed.
Topics: Industrial Dispute, Labour Law