The High Court held that an appeal against an interim order was not maintainable because the underlying writ petition and miscellaneous petitions remained pending before the Single Judge. The miscellaneous petition was dismissed and the appeal was rejected.
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.
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In the High Court of Judicature at Madras
Dated : 04.3.2019
Coram :
The Honourable Mr.Justice T.S.SIVAGNANAM
and
The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN
CMP.No.4568 of 2019 & WA.SR.No.21871 of 2019
OBO Betterman India Private Limited, rep.by its Managing Director Mr.K. Arul Prakash ...Petitioner/ Appellant Vs 1.The Deputy Commissioner of Labour (Minimum Wages), Appellate Authority under the Tamil Nadu Shops & Establishments Act, 1947, Labour Commissionerate, DMS Complex, Teynampet, Chennai-6. 2.Mr.P.Prashanth ...Respondents/ Respondents
PETITION under Section 151 of the Civil Procedure Code praying to condone the delay of 74 days in filing the writ appeal as against the order dated 02.11.2018 made in WMP.No.32196 of 2018 in W.P.No.21945 of 2018.
APPEAL under Clause 15 of the Letters Patent against the order dated 02.11.2018 made in WMP.No.32196 of 2018 in W.P.No.21945 of 2018.
For Petitioner/Appellant : Mr.N.Surya Senthil For Respondent-1 : Mr.R.P.Prathap Singh, GA
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Judgment was delivered by T.S.SIVAGNANAM,J
We have heard Mr.N.Surya Senthil, learned counsel for the petitioner and Mr.R.P.Prathap Singh, learned Government Advocate accepting notice for first respondent.
the Tamil Nadu Shops and Establishments Act would not apply to the second respondent and that the interim order has been granted without considering the contentions that could be raised by the petitioner.
dismissed as not maintainable. Consequently, the above writ appeal is rejected at the SR stage. No costs.
Internet : Yes
04.3.2019
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T.S.SIVAGNANAM,J AND V.BHAVANI SUBBAROYAN,J
RS
To
The Deputy Commissioner of Labour (Minimum Wages), Appellate Authority under the Tamil Nadu Shops & Establishments Act, 1947, Labour Commissionerate, DMS Complex, Teynampet, Chennai-6.
CMP.No.4568 of 2019 and
WA.SR.No.21871 of 2019
04.3.2019
1 issue framed by the court
Whether an appeal against an interim order is maintainable when the writ petition and miscellaneous petitions are still pending in the lower court.
OBO Betterman India Private Limited
The Deputy Commissioner of Labour (Minimum Wages)
Mr.P.Prashanth
T.S.SIVAGNANAM
V.BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
