Tmt.P.Kalyani, v. The Registrar of Co-operative
Case brief
What is this about?
In a writ petition seeking reinstatement and back wages, the Court held that the relief cannot be granted as the underlying order was stayed in a related pending writ (W.P. No.9993 of 2017). The petition was accordingly closed with liberty to raise contentions in the pending petition.
What did the court decide?
Petition closed with liberty to raise contentions in the pending related writ petition.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.06.2017
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
WRIT PETITION NO.38429 of 2016
Tmt.P.Kalyani ... Petitioner Vs.
- The Registrar of Co-operative, Chennai – 600 010. 2. Deputy Commissioner of Labour, Salem. 3. The Joint Registration of Co-operative Societies, Dharmapuri 636 705. 4. The President Dharmapuri District, DD103 Dharmapuri District, Treasury Department Employees, Co-operative Thrift and Credit Society, Dharmapuri 636 701 ... Respondents
Prayer: The writ petition filed under Article 226 of the Constitution of India, to issue a WRIT OF MANDAMUS or any other appropriate Writ, direction or order in the nature of a writ, directing the 2nd respondent to give suitable instruction to 4th respondent to implement the order dated 25.04.2016 in TNSEA No.07/2013 passed by of the Deputy Commissioner of Labour, Salem in TNSEA No.07/2013 by issuing appropriate orders of reinstatement in service, within a limited time frame by this Hon'ble Court and thereby direct the 4th respondent to pay back wages with a continuity of service and all other monetary benefits from 14.12.2009 to till date.
For Petitioner : Mr.J.Muthukumaran For Respondent : Mr.L.P.Shanmughasundaram, (R1-R4) Special Government Pleader
Issues for consideration
1 issue framed by the court
Whether the writ petition requesting reinstatement and back wages can be granted notwithstanding a stay order in a related pending writ petition.
Parties & counsel
- petitioner
Tmt. P. Kalyani
- respondent
The Registrar of Co-operative, Chennai
- respondent
Deputy Commissioner of Labour, Salem
- respondent
The Joint Registration of Co-operative Societies, Dharmapuri
- respondent
The President Dharmapuri District, DD103 Dharmapuri District, Treasury Department Employees, Co-operative Thrift and Credit Society, Dharmapuri
Case details
As recorded by the court registry
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