The Court dismissed a writ petition filed for implementing a Division Bench order regarding death benefits. It held that the petitioner is not entitled to a writ under Article 226 as he has the alternative statutory remedy of filing an execution petition under Section 11B of the Industrial Disputes Act.
The writ petition is disposed of. No costs.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.04.2019
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.No.6177 of 2018
J.Balaraman ... Petitioner
-Vs-
The Special Officer, Arakkonam Co-operative Housing Mortgage Society Rajaji 2nd Street,
Arakkonam,
Vellore District. ... Respondent
PRAYER : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondent to sanction death cum service benefit payable to the petitioner's brother namely Rangappa Naidu in view of the Hon'ble Division Bench order made in W.A.No.4149/2003 dated 07.09.2007 based on the petitioner's representation dated 18.01.2017.
For petitioner : Mr.M.Rajendiran
ORDER
The relief sought for in the present writ petition is to implement the order of the Hon'ble Division Bench passed in W.A.No.4149 of 2003 dated 07.09.2007.
execution petition in the manner prescribed under the Industrial Disputes Act for seeking implementation of orders passed by the Labour Court.
Sd/-
Deputy Registrar (CJ Conf.)
//True Copy//
Sub Assistant Registrar
mp/mbi
To
The Special Officer,
Arakkonam Co-operative Housing Mortgage Society
Rajaji 2 nd Street,
Arakkonam,
Vellore District.
W.P.No.6177 of 2018
SSI(CO)
SSM(22/05/2019)
1 issue framed by the court
Whether a writ petition seeking implementation of a Division Bench order is maintainable when an alternative statutory remedy exists.
2 provisions across 2 enactments
J. Balaraman
The Special Officer, Arakkonam Co-operative Housing Mortgage Society
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
