Authority: High Court of Judicature at Madras (Hon’ble Justice K. Surender)
Order Date: 31 August 2026
Case Overview
- Petitioner: Management Midrange Components Unit of Brakes India (P) Ltd, Vellore, Tamil Nadu.
- Respondent: T. Venkatesan, workman, residing at 36 Bajanai Koil Street, Eachangadu Village, Nemili Taluk, Vellore District.
- Petition filed under Article 226 of the Constitution seeking certiorari to call records of Principal Labour Court, Vellore (I.D.No.14 of 2018) and quash its award dated 28‑Aug‑2025.
- Background: Respondent employed by Brakes India since 1991; after takeover in 2010 engaged as contractor from 1‑Sep‑2010. Alleged misuse of Process Control Charts on 22‑Aug‑2015, suspended on 28‑Aug‑2015, charge memo issued 10‑Sep‑2015, enquiry conducted, written arguments denied, dismissed. Labour Court held denial violated natural justice.
- Arguments: Management contended that respondent was given notice, opportunity to cross‑examine witnesses, and a defence statement (Ex.W.12); respondent contended denial of written arguments breached audi alteram partem.
- Court examined Supreme Court precedents on procedural fairness and prejudice.
Final Outcome
- Justice K. Surender held that no prejudice was shown; denial of written arguments did not violate natural justice as respondent had notice, cross‑examination, and defence statement.
- The preliminary award of the Principal Labour Court dated 28‑Aug‑2025 is set aside.
- The writ petition is allowed; no costs awarded.
Topics: Labour Law, Natural Justice