Dismissed

The Management v. Thiru M.Selvaraj (Deceased)

Madras HC11 Jul 2023WP/30560/2016

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition filed by Tisc to quash the Labour Commissioner's rejection of a dismissal order against a workman. The court dismissed the case as nothing remained for adjudication after the workman's death and the punishment was modified to compulsory retirement.

What did the court decide?

Petition dismissed with no costs and connected miscellaneous petition closed.

The Management Vs Thiru M.Selvaraj (Deceased) — Labour and Industrial Disputes | Madras HC (2023)

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W.P.No.30560 of 2016

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 11.07.2023

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CORAM

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THE HONOURABLE MR.JUSTICE M.DHANDAPANI

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W.P.No.30560 of 2016 And

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W.M.P.No.26504 of 2016

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The Management Tamilnadu State Transport Corporation (Villupuram) Ltd., Vellore Division, Vellore – 9. Represented by its General Manager ... Petitioner

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... Petitioner

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Vs.

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1.M.Selvaraj (Deceased)

2.Tamizharasi

3.S.Sathish

4.S.Ganeshkumar

5.S.Bhuvaneshwari

(R2 to R5 substituted as LRs. of deceased first respondent vide order dated 11.07.2023 made in WMP No.19750/2020 in WP.No.30560/2016 by MDIJ)

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6.The Special Deputy Commissioner of Labour (Conciliation), DMS Compound, Chennai. ... Respondents

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... Respondents

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Prayer:

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Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records passed by the second

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

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1/4

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W.P.No.30560 of 2016

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respondent in A.P.No.2/2014 on 11.01.2016 and to quash the same.

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For Petitioner : Mr.M.Aswin

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For Respondents : Mr.S.Sivakumar for R1 to R5 for M/s.Law Square Mr.V.Ravi for R6 Special Government Pleader

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O R D E R

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The petitioner has filed this writ petition seeking issuance of Writ of Certiorari to call for the records passed by the Special Deputy Commissioner of Labour in A.P.No.2/2014 on 11.01.2016 and to quash the same.

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2.The case of the petitioner is that the first respondent unauthorizedly absented from duty from 15.08.2010 to 02.12.2010 for which, he was issued with charge memo and after enquiry, he was dismissed from service vide order of the petitioner dated 24.01.2014. Thereafter, the petitioner filed approval petition before the Special Deputy Commissioner of Labour, Chennai, seeking approval of the dismissal dated 24.01.2014, however, the Special Deputy Commissioner of Labour rejected the approval petition on 11.01.2016. Challenging the same, the petitioner has filed this writ petition.

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2/4

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

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W.P.No.30560 of 2016

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3.The learned counsel appearing for the petitioner submitted

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that during the pendancy of this writ petition, the first respondent/ Workman passed away and the punishment imposed on the first respondent was modified to that of compulsory retirement.

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4.Since the punishment imposed on the first respondent was

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modified to that of compulsory retirement, nothing survives for adjudication in this writ petition.

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5.The writ petition is dismissed. No costs. Consequently,

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connected miscellaneous petition is closed.

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11.07.2023

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pri

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Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No

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1.The Special Deputy Commissioner of Labour (Conciliation), DMS Compound, Chennai.

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

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3/4

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W.P.No.30560 of 2016

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M.DHANDAPANI,J. pri

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W.P.No.30560 of 2016 And W.M.P.No.26504 of 2016

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11.07.2023

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4/4

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

The Management v. Thiru M.Selvaraj (Deceased)

Case brief

What is this about?

What did the court decide?

The Management v. Thiru M.Selvaraj (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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