JAI BALAJI INDUSTRIES LTD vs THE SPECIAL DEPUTY COMMISSIONER OF LABOUR

Court
Madras High Court

WP No. 26476 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-11-2026
CORAM
THE HON'BLE MR JUSTICE C. SARAVANAN
WP No. 26476 of 2024
and W.M.P.Nos.28951 & 29280 of 2024
CNR: {HCMA011424772024}
1. Jai Balaji Industries Ltd
Rep By Its Chairman And Managing Director
(CMD), First Floor, Jajodia Mansion, No.5,
Bentick Street, Kolkata-700 001 West Bengal
2. Varun Jajodia
Jai Balaji Industries Ltd, First Floor, Jaiodia
Mansion, No.5, Bentink Street, Kolkata-700
001, West Bengal
3. Bivash Chakraborty
Head Of The Department-dip Marketing, Jai
Balaji Industries Ltd, 5th Floor,bncci Building,
No.23, R.N.Mukherjee Road,
Kolkata-700 001,West Bengal
..Petitioner(s)
Vs
1. The Special Deputy Commissioner Of Labour
Chennai/the Appellate Authority Under The
Tamilnadu Shops And Establishments Act,
Commissionerate Of Labour, DMA Complex,
Teynampet, Chennai-600 006
2. Amit Kumar Upadhay
C/o.Hemant Hazari, New India, First Floor,
No.25, Taluk Office Road, Opposite To
Chinnamalai Bus Depot, Littlemount,
Chennai-600 015
..Respondent(s)
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WP No. 26476 of 2024
PRAYER : Writ Petition filed under Article 226 of The Constitution of India
praying for the issuance of a Writ of Certiorari, calling for the records
pertaining to TNSE-1/8/2014 dated 15.7.2024 pending before the 1st respondent
and quash the same.
For Petitioner(s): Mr.K.V.Shanmuganathan
For Respondent(s): Mr.K.K.Ram Siddhartha, AGP for R1
Mr.Amit Kumar Upadhay Party-in-Person for R2
*
ORDER
The petitioner / Management has challenged the impugned proceedings
initiated by the second respondent under Section 41(2) of the Tamil Nadu Shops
and Establishments Act, 1947 (the Act).
2. The case of the petitioner is that the second respondent had tendered a
resignation from the employment of the petitioner on 18.03.2012 which was
signed by the second respondent on 19.03.2012 and therefore, there was no
dismissal of the second respondent by the petitioner / Management for the
second respondent to invoke the jurisdiction of the first respondent under
Section 41(2) of the Act.
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WP No. 26476 of 2024
3. The petitioner has placed reliance on the decision of this Court in
Needle Industries Limited v. Additional Commissioner of Workmen's
compensation Madras Teynampet and Others, 1981(1) MLJ 448; (1986)1 LLJ
408 .
4. It is the case of the petitioner that the ratio laid therein squarely applies
to the facts of this case and that the decision of the single bench of this Court in
Needle Industries Limited were sustained by the Division Bench in its orders in
C.R.Ramaswami v. Messrs. Needle Industries (I) Ltd & another, (1981)94 LW
87; (1981)1 MLS 448 .
5. It is further submitted that the above decision has been also
consistently followed in the following two cases:
"(i) Continental DataGraphics Technical Services
Pvt. Ltd., Chennai - 89 v. The Special Deputy
Commissioner of Labour (Appeals), Teynampet,
Chennai - 6 and another in W.P.No.30856 of 2017 vide
Order dated 11.08.2023;
(ii) The Management of M/s.Trimax Industries
Ltd., No.1, Subbarayan Avenue, C.P.Ramaswamy Road,
Alwarpet, Chennai 600 018 v. Appellate Authority under
the Tamil Nadu Shops and Establishments Act, (Deputy
Commr. Of Labour-I), Chennai - 6 and another in
W.P.No.36767 of 2003 vide Order dated 18.07.2017."
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WP No. 26476 of 2024
6. It is therefore submitted that the proceedings initiated before the first
respondent at the behest of the second respondent under Section 41(2) of the
Act were without jurisdiction.
7. The present writ petition is of the year 2024. It was filed only on
02.08.2024. In the proceedings before the first respondent under Section 41(2)
of the Tamil Nadu Shops and Establishments Act, 1947 initiated by the second
respondent, the petitioner / Management had earlier secured a favourable order
dated 08.10.2021 in Case Reference No. TNSE-I/1A2/2021 from the first
respondent permitting it to adduce additional evidence against the second
respondent herein.
8. The said order was challenged by the second respondent before this
Court in W.P. No. 24840 of 2021. By an order dated 12.06.2025, the aforesaid
writ petition filed by the second respondent was allowed, and the case was
remitted back to the first respondent for fresh consideration. Operative portion
of the said order reads as under:
"Considering the fact that the impugned order is a non
speaking order where the authority has not considered any of
the defences which has been raised by the writ petitioner, the
impugned order is set aside. The matter is remitted back to the
1st respondent for fresh consideration and pass order."
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WP No. 26476 of 2024
9. The said order was also subject matter of challenge by the petitioner
before the Division Bench of this Court in W.A.No.2225 of 2025. By an order
dated 06.10.2026, the Division Bench, passed the following order:
"7. Therefore, we allow the Writ Appeal, on condition that
the appellant Management should examine the witness-R.W.2
on the next hearing date. The Special Deputy Commissioner of
Labour, who is the second respondent herein, shall fix the
hearing date between 21.10.2026 and 23.10.2026. On the date of
hearing, the witness should be present and subject himself to
cross-examination also. Parties should be intimated well in
advance about the hearing date so as to enable them to
participate in the proceedings. If the appellant fails to produce
the witness on the date of hearing, there shall be no further
indulgence and the Special Deputy Commissioner of Labour
shall proceed with the evidence available on record and pass
appropriate orders in accordance with law. No costs.
Consequently, the connected C.M.P.No.17035 of 2025 is
closed."
10. Thus, there is not only an issue estoppel operating against the
petitioner on this aspect of jurisdiction but also the present writ petition is
barred on account of constructive res judicata. The jurisdictional point ought to
have been argued and settled either in W.P.No.24840 of 2021 as a defence or
before the Division Bench of this Court in W.A.No.2225 of 2025. Therefore,
the present writ petition filed for a writ of certiorari, to call for the records
pertaining to TNSE-1/8/2014 dated 15.7.2024 pending before the 1st respondent
cannot be countenanced.
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WP No. 26476 of 2024
11. Considering the same, this writ petition is liable to be dismissed and is
hereby accordingly dismissed. Consequently, the W.M.P.Nos.28951 & 29280
of 2024 are closed. No costs.
04-11-2026
(1/2)
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
RNA
To
1. The Special Deputy Commissioner Of
Labour Chennai/the Appellate Authority
Under The Tamilnadu Shops And
Establishments Act, Commissionerate Of
Labour, Dms Complex, Teynampet,
Chennai-600 006
2. Amit Kumar Upadhay
C/o.Hemant Hazari, New India, First Floor,
No.25, Taluk Office Road, Opposite To
Chinnamalai Bus Depot, Littlemount,
Chennai-600 015
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WP No. 26476 of 2024
C.SARAVANAN, J.
RNA
WP No. 26476 of 2024
and W.M.P.Nos.28951 & 29280 of 2024
04-11-2026
(1/2)
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