The High Court dismissed a writ petition challenging the Labour Court's order admitting a retired workman to challenge a transfer order. Since the workman had retired and the dispute was no longer significant, the court held the petition infructuous.
The writ petition was dismissed with no costs awarded. The connected miscellaneous petition was closed.
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.P.No.5877 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 11.09.2024
CORAM
THE HON'BLE MRS.JUSTICE R.N.MANJULA
W.P.No.5877 of 2010 and M.P.No.1 of 2010
The Management of Parry Agro Industries, Carolin Estate, Mango Range Post, The Nilgiris – 643 220
... Petitioner
Vs.
Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent in I.A.No.81 of 2008 in I.D.No.427 of 2004 and quash its order dated 03.12.2009.
For Petitioner :Mr.P.Raghunathan for M/s.T.S.Gopalan and Co.
For Respondents : Mrs.M.Jayanthy (for R1) Additional Government Pleader
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No Appearance (for R2) Mr.G.B.Saravanabhavan (for R3) ORDER
W.P.No.5877 of 2010
The petitioner has filed this writ petition challenging the order passed by the learned Presiding Officer, Labour Court, Coimbatore,
dated 03.12.2009 made in I.A.No.81 of 2008 in I.D.No.427 of 2004.
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W.P.No.5877 of 2010
a dispute which revolves around an order of transfer in respect of a https://www.mhc.tn.gov.in/judis Page 3 of 6
W.P.No.5877 of 2010
workman who is no more in service. Hence, this writ petition is disposed of as the Industrial Dispute itself has become infructuous.
connected Miscellaneous Petition is closed.
11.09.2024
Speaking / Non Speaking order Index : Yes / No Neutral Citation: Yes/No ars To
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W.P.No.5877 of 2010
R.N.MANJULA, J.
ars
W.P.No.5877 of 2010 and M.P.No.1 of 2010
11.09.2024
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W.P.No.5877 of 2010
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2 issues framed by the court
Whether a writ petition challenging the admissibility of an industrial dispute regarding a retired workman should be heard on merits when the dispute has become infructuous.
Whether the burden of transfer and representation rests with the union or the individual workman in industrial dispute proceedings after retirement.
The Presiding Officer, Labour Court, Coimbatore
The General Secretary, Nilgiri Jilla Plantation Workers' Union
Swamynathan
R.N. Manjula
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
