This high court disposed of the respondent's writ petition challenging a labour court order for payment of terminal benefits after the petitioner corporation represented it would comply with the order within three months.
The Writ Petition was disposed of directing the petitioner to pay the amount under the impugned order within three months.
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.9810 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.04.2024
CORAM:
THE HONOURABLE Dr. JUSTICE D. NAGARJUN
W.P.No.9810 of 2023 and WMP.No.9893 of 2023
The General Manager Tamil Nadu State Transport Corporation (Villupuram District) Div Ltd., Cuddalore Region Cuddalore District. ... Petitioner
Vs.
N.Vijaya Kumar ...Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records of the order passed by the Presiding Officer Principle Labour Court, Cuddalore, in C.P.No.12 of 2021 dated 20.09.2022 and quash the same as illegal.
For Petitioner : Ms.S.Pavithra
For Respondent : Mr.R.Muralidharan
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W.P.No.9810 of 2023
ORDER
This Writ Petition is filed seeking to issue a Writ of Certiorari to
call for the records of the order passed by the Presiding Officer, Principal Labour Court, Cuddalore, in C.P.No.12 of 2021 dated 20.09.2022 and quash the same.
2. Heard the learned counsel for the petitioner as well as the
respondent.
3. It is seen from the records that originally, the petitioner
removed the respondent from the service on some misconduct and he has raised industrial dispute in ID.No.39 of 2016 and same was allowed with a direction to the petitioner to disburse the terminal benefits only. Then the petitioner management challenged the orders in ID.No.39 of 2016 dated 19.08.2019 by filing a Writ Petition in W.P.No.7958 of 2020 and the said Writ Petition was dismissed, confirming the orders of the Labour Court in ID.No.39 of 2016 directing the petitioner management to pay the terminal benefits. When there was no response from the petitioner, the respondent has
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W.P.No.9810 of 2023
filed C.P.No.12 of 2021 dated 20.09.2022. It was also allowed by the impugned order challenging which the present Writ Petition is filed.
4. When the matter is taken up for hearing, learned representing counsel for the petitioner Corporation submitted that he has received instructions from the petitioner corporation that action has already been initiated for the payment of Rs.18,25,795/- as directed in CP.No.12 of 2021 and reported that within a period of three months, the process would be completed.
5. The learned counsel for the respondent also reported that, if it is recorded that within a period of three months the money under the impugned order of C.P.No.12 of 2021 will be paid to the respondent, he has no objection, if this petition is closed.
6. Since the petitioner corporation has reported that it has
decided to pay the money as directed under the impugned order, no purpose will be served in keeping this Writ Petition pending. Accordingly, the Writ
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W.P.No.9810 of 2023
Petition is disposed of directing the petitioner management to pay the money as under the impugned order in C.P.No.12 of 2021 dated 20.09.2022 on the file of the Presiding Officer Principle Labour Court, Cuddalore, as expeditiously as possible but not later than a period of three months from the date of receipt of copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.
15.04.2024
Index : Yes / No Internet : Yes / No dna
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W.P.No.9810 of 2023
To
The Presiding Officer Principle Labour Court, Cuddalore.
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W.P.No.9810 of 2023
Dr.D.NAGARJUN, J.
dna
W.P.No.9810 of 2023 and WMP.No.9893 of 2023
15.04.2024
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1 issue framed by the court
Whether the Writ Petition seeking quashing of the Labour Court order requiring payment of terminal benefits requires disposal given the petitioner's commitment to pay within three months.
The General Manager Tamil Nadu State Transport Corporation (Villupuram District) Div Ltd., Cuddalore Region Cuddalore District
N.Vijaya Kumar
D. NAGARJUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
