Writ appeal against a single judge's order setting aside the Appellate Authority's decision passed without waiting for the pending Section 51 jurisdictional determination before the Commissioner of Labour. The Division Bench dismissed the appeal for want of fairness to the respondent and remitted the matter for fresh enquiry.
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.
W.A.(MD) No.1204 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.04.2024
CORAM
JUSTICE N. SESHASAYEE
and
JUSTICE P.VADAMALAI
W.A.(MD) No.1204 of 2016 and C.M.P.(MD) No.7959 of 2016
P.Govindarajan .. Appellant/2nd Respondent
Vs.
1.The Secretary, Ramanathapuram District, Sarvodaya Sangh 66, Kanthadai Street, Srivilliputhur-626 125.
.. 1st Respondent/Petitioner
2.The Appellate Authority, Under the (Deputy Commissioner of Labour) Tamil Nadu Shops and Establishment Act, Sundaram Theatre Road, K.K.Nagar, Madurai. .. 2nd Respondent/1st Respondent
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Prayer:
W.A.(MD) No.1204 of 2016
Prayer: Appeal filed under Clause 15 of the Letters Patent against the judgment dated 21.06.2012 passed in W.P.(MD) No.2460 of 2007.
For Appellant : Mr.V.R.Venkatesan For R1 : Mr.S.Arivalagan For R2 : Mr.N.Muthuvijayan Special Government Pleader
JUDGMENT
(Judgment of the Court was delivered by N.Seshasayee, J.)
This appeal is directed against an order passed by a learned Single Judge of this Court in W.P.(MD) No.2460 of 2007, dated 21.06.2012.
under the Tamil Nadu Shops and Establishments Act, 1947 (hereinafter referred to as “the Act” for brevity). The 1st respondent was served with the notice of the said proceedings and it appeared before the 2nd respondent and informed that it had taken out an application under Section 51 of the Act to decide whether the 1st respondent would fall within the ambit of the Tamil
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W.A.(MD) No.1204 of 2016
Nadu Shops and Establishments Act, 1947. Even as this was pending before the Commissioner of Labour, the 2nd respondent had disposed of the matter on 31.01.2007 upholding the contentions of the appellant herein. In its order, the 2nd respondent had mentioned that the 1st respondent had only produced the information regarding pendency of some application filed under Sec. 51 of the Act and has not produced any order of the Commissioner of Labour passed in the said petition. He then proceeded to dispose of the petition filed by the appellant herein in his favour.
decision in a petition filed by the 1st respondent under Sec. 51 of the
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W.A.(MD) No.1204 of 2016
Act, holding that the 1st respondent will fall within the ambit of the Tamil Nadu Shops and Establishments Act, 1947. Now, inasmuch as the Commissioner had passed an order, even though subsequent to the order of the 2nd respondent (which was challenged before the learned Single Judge), the fact remained that it was decided in favour of the appellant. Therefore, the learned Single Judge ought not to have held that the 2nd respondent ought to have waited till the Commissioner of Labour had passed his order under Sec. 51 of the Act; and
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W.A.(MD) No.1204 of 2016
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W.A.(MD) No.1204 of 2016
pendency of its petition under Section 51. Therefore, it never had an opportunity to defend the action instituted by the appellant.
W.A.(MD) No.1204 of 2016
the 1 st
the 1st respondent to produce its evidence. And given the age of the appellant, the 2nd respondent is required to complete the enquiry within a period of three months. No costs. Consequently, connected miscellaneous petition is closed.
(N.S.S., J.) (P.V.M., J.) 01.04.2024
Note: Issue order copy by 03.04.2024
NCC : Yes/No Index : Yes/No Internet : Yes ABR To
The Appellate Authority, Under the (Deputy Commissioner of Labour) Tamil Nadu Shops and Establishment Act, Sundaram Theatre Road, K.K.Nagar, Madurai.
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W.A.(MD) No.1204 of 2016
N. SESHASAYEE, J. and P.VADAMALAI, J.
ABR
W.A.(MD) No.1204 of 2016
01.04.2024
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2 issues framed by the court
Whether the Appellate Authority erred in deciding the appellant's claim while a Section 51 jurisdictional petition was pending before the Commissioner of Labour.
Whether the writ appeal should be dismissed despite the subsequent order dated 11.05.2007 holding that the 1st respondent falls within the Act.
2 provisions across 1 enactments
P. Govindarajan
The Secretary, Ramanathapuram District, Sarvodaya Sangh, Srivilliputhur
The Appellate Authority under the (Deputy Commissioner of Labour) Tamil Nadu Shops and Establishment Act, Madurai
N. Seshasayee
P. Vadamalai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
