This court set aside the order dated 28.9.2015 made in the Civil Miscellaneous Petition and restored the Writ Appeal in WA(MD) No.1022 of 2015 to file based on reasons found in the supporting affidavit.
The order dated 28.09.2015 was set aside and the Writ Appeal in WA(MD) No.1022 of 2015 was restored on file.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Wednesday, the Ninth day of August Two Thousand and Seventeen
CORAM:
The Honble Mr.Justice K.K.SASIDHARAN and The Honble Mr.Justice G.R.SWAMINATHAN
CMP(MD) No.7232 of 2017 IN WA(MD) No.1022 of 2015
S.MEENAKSHI SUNDARAM ... PETITIONER
1.THE MANAGEMENT, RAMANATHAPURAM DISTRICT CENTRAL CO OPERATIVE BANK LIMITED, VANDIKARA STREET, RAMANATHAPURAM DISTRICT.
2.THE PRESIDING OFFICER, LABOUR COURT, MAUDRAI. ... RESPONDENTS
Prayer in CMP(MD). 7232/ 2017 :
Civil Miscellaneous Petition is filed Under Order 9 Rule 13 praying that this Hon'ble Court to set aside the order dated 28.9.2015 in WA(MD) No.1022 of 2015 and restore the Appeal on file.
Prayer in WA(MD). 1022/ 2015 :
Writ Appeal is filed Under Clause 15 of the Letter Patent against the order dated 6/03/2013 in WP(MD) NO. 6172 of 2008.
Prayer in WP(MD). 6172/ 2008 :
Writ Petition is filed under Article 226 of the Constitution of India, praying that this Hon'ble Court to call for the records relating to the Award passed in I.D.No.174/2001 dated 21.4.2008 by the Labour Court, Madurai, the second respondent herein and quash the same.
ORDER:
This Petition coming on for hearing on this day, upon perusing the petition and affidavit and material papers of the petition and upon hearing the arguments of M/s.A.L.GANTHIMATHI Advocate for the Petitioner, and of Mr.D.SHANMUGARAJASETHUPATHY, Advocate for the 1st Respondent, this court made the following order:
https://hcservices.ecourts.gov.in/hcservices/ We have heard the learned counsel for the petitioner and also the learned counsel for the first respondent.
2.In view of the reasons found mentioned in the affidavit filed in support of the Civil Miscellaneous Petition, the order dated 28.09.2015 is set aside. The Writ Appeal in W.A.(MD).NO.1022 of 2015, is restored to file.
Sub Assistant Registrar
TO
1.THE PRESIDING OFFICER, LABOUR COURT, MAUDRAI.
2.THE SECTION OFFICER, WRIT SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
NS/MM
JS/JC/SAR.3/23.08.2017/2P-3C
ORDER DATED:09/08/2017
RESTORED
CMP(MD) No.7232 of 2017
IN
WA(MD) No.1022 of 2015
GIVING DIRECTIION ETC., STATED WITHIN.
2 issues framed by the court
Whether the Civil Miscellaneous Petition filed under Order 9 Rule 13 to set aside the order dated 28.9.2015 and restore the Writ Appeal should be allowed based on reasons in the affidavit.
Whether the Writ Appeal in WA(MD) No.1022 of 2015 should be restored on file.
2 provisions across 2 enactments
S.MEENAKSHI SUNDARAM
THE MANAGEMENT, RAMANATHAPURAM DISTRICT CENTRAL CO OPERATIVE BANK LIMITED
THE PRESIDING OFFICER, LABOUR COURT, MAUDRAI
K.K.SASIDHARAN
G.R.SWAMINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
