Petitioner Corporation challenged an attachment order in a proceeding for arrears of salary. Lacking grounds to sustain the challenge regarding the calculation of the attachment amount, the petition was dismissed.
The writ petition is dismissed at the admission stage. Connected W.M.P. is 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.8614 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.04.2024
CORAM :
THE HONOURABLE DR. JUSTICE D.NAGARJUN
W.P.No.8614 of 2024
and
W.M.P.No.9580 of 2024
The Management of Tamil nadu State Transport Corporation, Villupuram Division, Villupuram.- 605 602.
...Petitioner
Vs.
A.Murugan
...Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a writ of certiorari to call for the records relating to the order
passed in E.P.No.9 of 2013 in C.P.No.45 of 2012 dated 06.12.2021 on the file of the Presiding Officer, Labour Court, Cuddalore.
For petitioner : Mr.T.Chandrasekaran
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W.P.No.8614 of 2024
O R D E R
This writ petition is filed seeking to quash the order passed in E.P.No.9
of 2013 in C.P.No.45 of 2012 dated 06.12.2021 by way of issuance of writ of certiorari.
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W.P.No.8614 of 2024
the Labour Court by order dated 10.06.2013. Aggrieved by the orders passed in C.P.No.45 of 2012 the petitioner Corporation filed W.P.No.34084 of 2013, wherein this Court granted conditional stay order to deposit 50% of award on 18.12.2023. A sum of Rs.60,064/- was deposited on 18.01.2014 and the said writ petition was dismissed on 11.04.2016. The balance amount of Rs.59,314/- was not deposited before the Labour Court. In the mean while the petitioner Corporation preferred writ appeal No.893 of 2016 against I.D.No.93 of 2001 and the same was dismissed on 14.10.2019. Further, the petitioner Corporation preferred SLP (Civil) No.26916 of 2019 and the same was also dismissed on 22.11.2019. While so, the respondent/workman filed E.P.No.9 of 2013 in C.P.No.45 of 2012 seeking to recover the amount as per the award dated 06.12.2021 in C.P.No.45 of 2012 . The attachment order was passed in E.P.No.9 of 2013, by ordering attachment of sum of Rs.36,466/- from the account maintained by the petitioner Corporation management in State Bank of India, Villupuram, vide account No.11053403712.
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submits that while calculating the E.P. amount the petitioner Corporation has also included the deduction made towards P.F. to a tune of Rs.11,065/- and submitted that the petitioner Corporation has to pay only Rs.23,597/- and thereby, attachment orders are incorrect.
orders issued in E.P.No.9 of 2013 in C.P.No.45 of 2012 dated 06.12.2021. In order to sustain this writ petition the petitioner Corporation management
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W.P.No.8614 of 2024
is expected to put forth the grounds under which he is questioning the orders
of attachment. When the orders of attachment have been passed, this writ petition questioning the attachment orders without any grounds will not sustain.
petition is dismissed at the admission stage itself. Connected W.M.P. is closed. No costs.
02.04.2024
vca Index : Yes/No Internet : Yes/No Citation : Yes/No
Page No.5 of 6
W.P.No.8614 of 2024
DR.D.NAGARJUN,J.
Vca
W.P.No.8614 of 2024
02.04.2024
Page No.6 of 6
1 issue framed by the court
Whether the writ petition questioning the attachment order sustained groundless challenges.
1 provisions across 1 enactments
The Management of Tamil Nadu State Transport Corporation, Villupuram Division
A. Murugan
D. Nagarjun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
