The Madras High Court dismissed a writ appeal challenging an order where the Judge permitted withdrawal of the award amount without security. The court found no illegality warranting interference.
The Writ Appeal is dismissed. No costs. Connected Miscellaneous petition is closed.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2017 CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.A.(MD)No.251 of 2017 and C.M.P(MD) No.2533 of 2017
The Managing Director, Don Publication (P) Limited, 3/100/1, Tuticorin Main Road, Uthmapandiankulam, Palayamkottai, Tirunelveli. ..Appellant
Vs.
1.The Presiding Officer, Labour Court, Tirunelveli.
2.C. Bagavathi ..Respondents
PRAYER: Writ Appeal is filed under clause 15 of Letter Patent Act, to set aside the order passed in W.M.P(MD)No.1006 of 2017 in W.P. (MD)No.1184 of 2017 dated 25.01.2017.
Prayer in WMP(MD). 1006/ 2017 :
To stay all further proceedings in pursuance of the award dated 07.12.2016 made in I.D.No.30 of 2016 on the file of the 1st Respondent pending disposal of the above writ petition.
Prayer in WP(MD). 1184/ 2017 :
Writ Petition is filed under Article 226 of the
Constitution of India, praying this Court To issue a writ of Certiorari calling for the records of the 1st respondent in his award dated 07.12.2016 made in I.D.No.30 of 2016 and quash the same.
For petitioner : Mr.M.Elanchezhian
O R D E R
[Order of the Court was made by K.K.SASIDHARAN, J. ]
The learned Judge exercised his discretion by directing the appellant to deposit 50% of the award amount and permitted the second respondent to withdraw the amount so deposited, without furnishing security. The Writ Petition is still pending. We do not find any illegality or irregularity in the order, warranting our https://hcservices.ecourts.gov.in/hcservices/ interference by entertaining this intra-Court Appeal.
2.The Writ Appeal is dismissed. No costs. Consequently,
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connected Miscellaneous petition is closed.
Sd/Assistant Registrar /True Copy/
Sub Assistant Registrar To:
The Presiding Officer, Labour Court, Tirunelveli.
+1cc to M/s. K.HEMAKARTHIKEYAN Advocate in SR. No.63782 RJ2/MM JS/SV/SAR.1/17.7.2017/2P-3C
JUDGMENT MADE IN
W.A(MD)Nos.251 of 2017 04.07.2017
1 issue framed by the court
Whether the order of the lower court permitting withdrawal of awarded wages without security gives the court sufficient ground to interfere.
The Managing Director, Don Publication (P) Limited
The Presiding Officer, Labour Court, Tirunelveli
C. Bagavathi
K.K.SASIDHARAN
G.R.SWAMINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
