Allowed

Panderinathan, v. G.Maran

Madras HC1 Mar 2023CRP(MD)/522/2023

Case brief

AI extract

What is this about?

A Civil Revision Petition petitioned by Panderinathan under Article 226 of the Constitution of India for a direction to the Joint Commissioner of Labour / Commissioner of Employees Compensation Tribunal to number an unnumbered interlocutory application and adjudicate the matter within a stipulated time was allowed. The reviled order to number the application was passed within 3 months.

What did the court decide?

The Civil Revision Petition was allowed and the Learned Commissioner is directed to number and dispose of the interlocutory application within three months.

Panderinathan, Vs G.Maran — Constitutional and Fundamental Rights | Madras HC (2023)

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C.R.P(MD)No.522 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 01.03.2023

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CORAM

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THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

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C.R.P(MD)No.522 of 2023 and C.M.P(MD)No.2500 of 2023

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Panderinathan ... Petitioner/Petitioner/ 1^st Respondent

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Vs.

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1.G.Maran ... Respondent/1^st Respondent/ Petitioner

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2.The Branch Manager, The New India Assurance Company Limited, Nagapattinam. ... Respondent/2^nd Respondent/ 2^nd Respondent

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PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the learned Joint Commissioner of Labour / Commissioner of Employees Compensation Tribunal, Trichy to number the unnumbered I.A.No. of 2022 in E.C.No.40/2015 on his file and adjudicate the matter within the time stipulated by this Court.

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For Petitioner : Mr.C.Gangai Amaran

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1/4

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https://www.mhc.tn.gov.in/judis 1/4

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C.R.P(MD)No.522 of 2023

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ORDER

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The respondent in Employees Compensation Tribunal has filed the present revision petition seeking a direction to the said Tribunal to number the interlocutory application for setting aside the ex parte order.

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The 1^st respondent was shown as an employer in E.C.No.40 of 2015 and he had remained ex parte . An ex parte award was passed on 06.05.2019. The petitioner has filed an interlocutory application in December 2021 to set aside the said ex parte award. It is the allegation of the petitioner that the said application has not yet been numbered and kept pending.

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Considering the above said facts, the learned Joint

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Commissioner of Labour / Commissioner of Employees Compensation Tribunal, Trichy is directed to number the interlocutory application and dispose of the same on merits and in accordance with law within a period of three (3) months from the date of receipt of a copy of this order.

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https://www.mhc.tn.gov.in/judis 2/4

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2/4

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C.R.P(MD)No.522 of 2023

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With the above said direction, the Civil Revision Petition stands

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allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

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01.03.2023

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NCC : Yes / No Index : Yes / No Internet : Yes / No

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gbg

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Note : Registry is directed to return the original plaint to the counsel for the petitioner.

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1.The Joint Commissioner of Labour / Commissioner of Employees Compensation Tribunal, Trichy.

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2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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https://www.mhc.tn.gov.in/judis 3/4

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3/4

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C.R.P(MD)No.522 of 2023

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R.VIJAYAKUMAR ,J.

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gbg

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Order made in C.R.P(MD)No.522 of 2023

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01.03.2023

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https://www.mhc.tn.gov.in/judis 4/4

Panderinathan, v. G.Maran

Case brief

What is this about?

What did the court decide?

Panderinathan, v. G.Maran

Case brief

What is this about?

What did the court decide?

What the court decided

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