Annai Moogambigai Rollar Flour Mills (P) Ltd v. R.Dhanasekaran

O R D E R This Civil Revision Petition has been filed against the impugned order dated 30/12/2025 passed by the I Additional Labour Court, Chennai in I.A.No.9 of 2025 in C.P.No.508 of 2015.

¶2The 1st respondent/employee filed a claim petition in C.P.No.508 of 2015 under Section 33(C) (2) of the Industrial Disputes Act, 1947 seeking various reliefs under prayers (a) to (f). The petitioner/Management filed I.A. No.9 of 2025 seeking rejection of the claim petition in C.P. No.508 of 2015 on the ground that the same was barred by limitation and amounted to abuse of process of law.

¶3The learned Judge, I Additional Labour Court, Chennai, by order dated

30.12.2025, dismissed I.A. No.12 of 2025 and liberty was granted to the petitioner/Management to raise all issues relating to maintainability and authenticity of the claim at the time of final adjudication. Challenging the said order, the present Civil Revision Petition has been filed.

¶4When the matter was taken up for hearing today, learned counsel for the petitioner submitted that the scope of Section 33(C)(2) is confined to computation of pre-existing monetary benefits and does not extend to Page4 of 8 adjudication of disputed rights. According to the learned counsel, while the reliefs sought under prayers (a) to (c) may fall within the ambit of Section 33(C)

(2), the reliefs sought under prayers (d) to (f) in C.P. No.508 of 2015 travel beyond the scope of the said provision and can be agitated only before the competent Civil Court.

¶5Heard the learned counsel for the petitioner and perused the materials available on record.

¶6Learned counsel appearing for the petitioner has produced a copy of the order passed by a learned Single of this Court in C.R.P.No.764 of 2026 dated 16/4/2026.

¶7A proceeding under Section 33(C)(2) of the Industrial Disputes Act is in the nature of an execution proceeding. The Labour Court cannot adjudicate disputed questions of entitlement or grant declaratory reliefs which are not founded upon a pre-existing right.

¶8Considering the submissions made by the learned counsel appearing for the petitioner and the materials available on record, this Court is of the view that the reliefs under prayers (d) to (f) cannot be entertained in a petition under Section 33(C)(2) of the Industrial Disputes Act and are liable to be struck off. Page5 of 8

¶9Insofar as prayers (a) to (c) are concerned, this Court is not expressing any opinion on the merits of the claim. The I Additional Labour Court, Chennai, shall decide the claim / computation petition strictly with respect to prayers (a) to (c), on the basis of evidence available on record and in accordance with law.

¶10It is made clear that all contentions, including the issue of limitation, are left open to be canvassed by both parties before the Labour Court.

¶11Accordingly, the learned Presiding Officer, I Additional Labour Court, Chennai is directed to dispose of C.P. No.508 of 2015, in respect of prayers (a) to (c), as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.

¶12With the above directions, the Civil Revision Petition stands allowed, at the admission stage itself. No costs. Consequently, connected miscellaneous petition is closed. (K.SURENDER J) 22nd July, 2026 Index: Yes/No mvs. Page6 of 8 To

¶1I Additional Labour Court, Chennai

¶2R.Dhanasekaran S/o. Rajagopal, No.142, Bajanai Kovil Street, Palavakkam, Uthukottai Taluka, Thiruvallur District.

¶3N.Gomathinayagam, S/o. Narayana Pillai, Capital East, 72, R.K.Shanmugam Salai, K.K.Nagar, Chennai - 600 078.

¶4Muthuvel, S/o. Subramania Pillai, No.46, ramanujam street, T.Nagar, Chennai - 600 017.

¶5K.Vadivel Murugan, S/o. Karuppusamy Pillai, 264, Anna Ayyavu Appa Lane, Amingikarai, Chennai - 600 029.

¶6S.Ramalingam, S/o. Subramania Pillai, No.6, Ramanujam Street, T.nagar, Chennai - 600 017.

¶7Gomathi Ammal, W/o. Late Sundaram Pillai, (one of the founder Directors), 16A, Rajarathinam Street, Kilpauk, Chennai - 600 010. Page7 of 8

¶8R.Balasubramanian W/o. Late Sundaram Pillai, (one of the founder Directors), 16A, Rajarathinam Street, Kilpauk, Chennai - 600 010.

¶9P.Mani S/o. Paramasivam Pillai, 17/72, I Block, 1st Street, Anna Nagar West, Chennai – 40. Page8 of 8 K.SURENDER,J mvs. 22/7/2026

Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22/7/2026 CORAM THE HON'BLE MR.JUSTICE K. SURENDER Civil Revision Petition No.4299 of 2026 a n d C.M.P.No.18784 of 2026 Annai Moogambigai Rollar Flour Mills (P) Ltd rep. By its Director Mr.S.Murugan Registered Office at No.6 Davidson Street Chennai 600 001. … Petitioner Vs 1. R.Dhanasekaran S/o. Rajagopal, No.142, Bajanai Kovil Street, Palavakkam, Uthukottai Taluka, Thiruvallur District. 2. N.Gomathinayagam, S/o. Narayana Pillai, Capital East, 72, R.K.Shanmugam Salai, K.K.Nagar, Chennai - 600 078. 3. Muthuvel, S/o. Subramania Pillai, No.46, ramanujam street, T.Nagar, Chennai - 600 017. 4. K.Vadivel Murugan, S/o. Karuppusamy Pillai, 264, Anna Ayyavu Appa Lane, Amingikarai, Chennai - 600 029. Page2 of 8 5. S.Ramalingam, S/o. Subramania Pillai, No.6, Ramanujam Street, T.nagar, Chennai - 600 017. 6. Gomathi Ammal, W/o. Late Sundaram Pillai, (one of the founder Directors), 16A, Rajarathinam Street, Kilpauk, Chennai - 600 010. 7. R.Balasubramanian W/o. Late Sundaram Pillai, (one of the founder Directors), 16A, Rajarathinam Street, Kilpauk, Chennai - 600 010. 8. P.Mani S/o. Paramasivam Pillai, 17/72, I Block, 1st Street, Anna Nagar West, Chennai – 40. … Respondents PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India against the impugned order dated 30/12/2025 passed by the I Additional Labour Court, Chennai in I.A.No.9 of 2025 in C.P.No.508 of 2015. For petitioner … Mr.P.Settu - - - Page3 of 8