Dismissed¶36

R.Pandy, S/O. a.Ramaiah v. the Head of Human Resoruces

Madras HC9 Apr 2025WP/33255/2013

Case brief

AI extract

What is this about?

W.P.No.33255 of 2013; M.P.No.1 of 2013; Madras High Court; M. Dhandapani J.; 09.04.2025; R.Pandy Party-in-Person; Bajaj Allianz General Insurance Co. Ltd.; S.Karthikeyan; Lalitha Raman; Appellate Authority under The Tamilnadu of Shops and Establishment Act; Deputy Commissioner of Labour Coimbatore; T.N.S.E.A.No.13 of 2011; order dated 14.12.2012; Article 226 Constitution of India; Writ of Certiorari; reinstatement; continuity of service; back wages; out-of-court settlement; undertaking not to raise further claim; dismissed as withdrawn; no costs; miscellaneous petition closed.

What did the court decide?

Permission to withdraw the Writ Petition as settled out of court; no costs imposed; connected miscellaneous petition (M.P.No.1 of 2013) closed. No substantive relief (reinstatement, continuity of service or back wages) was granted.

R.Pandy, S/O. a.Ramaiah Vs the Head of Human Resoruces — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 14.12.2012 passed by the 4th respondent (Appellate Authority under The Tamilnadu of Shops and Establishment Act / Deputy Commissioner of Labour, Coimbatore) in T.N.S.E.A.No.13 of 2011 was liable to be quashed by writ of Certiorari. +1 more

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Ratio / Principle

Accepting the petitioner's (Party-in-Person) submission that the matter had been settled out of court, and his written endorsement requesting withdrawal together with an undertaking not to raise any further claim against respondents 1 to 4, the Court dismissed the Writ Petition as withdrawn, imposed no costs, and closed the connected miscellaneous petition. No legal issue was adjudicated and the challenged order dated 14.12.2012 was not examined.

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Detailed headnote1 paragraphs

Madras High Court (M. Dhandapani, J.) — W.P.No.33255 of 2013 with connected M.P.No.1 of 2013 — R.Pandy (petitioner, Party-in-Person) v. (1) The Head of Human Resources, Bajaj Allianz General Insurance Co. Ltd.; (2) S.Karthikeyan, Divisional Accountant; (3) Lalitha Raman, State Head (Rest of Tamilnadu & Kerala); (4) The Appellate Authority under The Tamilnadu of Shops and Establishment Act (Deputy Commissioner of Labour), Coimbatore — decided 09.04.2025. The writ petition, filed under Article 226 of the Constitution of India, sought a writ of Certiorari to quash the order dated 14.12.2012 passed by the 4th respondent in T.N.S.E.A.No.13 of 2011, and consequential directions to the 1st respondent to reinstate the petitioner with continuity of service and back wages. When the matter was taken up, the petitioner submitted that it had been settled out of court and endorsed on the petition a request to withdraw, undertaking not to raise any further claim against respondents 1 to 4. Accepting the submission and endorsement, the Court dismissed the writ petition as withdrawn, imposed no costs and closed the connected miscellaneous petition. No legal issue was adjudicated and the challenged order was not examined.

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W.P.No.33255 of 2013

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.04.2025

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CORAM :

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THE HONOURABLE MR. JUSTICE M. DHANDAPANI

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W.P.No.33255 of 2013

and

M.P.No.1 of 2013

R.Pandy

... Petitioner

Vs.

1.The Head of Human Resources, Bajaj Allianz General Insurance Co. Ltd., First Floor, G.E. Plaza, Airport Road, Yerawada,

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Pune – 411 006.

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2.S.Karthikeyan,

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Divisional Accountant,

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Bajaj Allianz General Insurance Co. Ltd., Door No.11, Office No.6A, Peoples Park 3^rd Floor, Government Arts College Road,

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Coimbatore – 641 018.

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3.Lalitha Raman,

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State Head (Rest of Tamilnadu & Kerala), Bajaj Allianz General Insurance Co. Ltd., Door No.11, Office No.6A, Peoples Park 3^rd Floor, Government Arts College Road, Coimbatore – 641 018.

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4.The Appellate Authority,

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Under the Tamilnadu of Shops and Establishment Act, Dr. Balasundaram Road, Coimbatore – 625 018.

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Page No.1 of 4

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

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W.P.No.33255 of 2013

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(Deputy Commissioner of Labour)

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... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records from the file of the 4^th respondent i.e., The Appellate Authority under The Tamilnadu of Shops and Establishment Act, Coimbatore (Deputy Commissioner of Labour, Coimbatore) in T.N.S.E.A.No.13 of 2011 and to quash the order date 14.12.2012 passed therein and consequently direct the 1^st respondent to reinstate the petitioner with continuity of service and back wages.

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For Petitioner : Mr.R.Pandy [Party-in-Person] For Respondents : Mr.R.Saravana Kumar [R1 to R3] Mr.K.Surendran Additional Government Pleader [R4] *****

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ORDER

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When the matter was taken up for hearing today, the petitioner (Party-in-Person) appeared before this Court and submitted that the matter has been settled out of court, thereby, sought permission of this Court to withdraw the Writ Petition by giving an undertaking that he will not raise any further claim against the respondents. To that effect, he has also made the following endorsement in the petition today :

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“This matter is settled out of Court. Hence, this petition may be permitted to withdraw.

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Page No.2 of 4

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

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W.P.No.33255 of 2013

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And also undertaken that I won't raise any further claim against the 1^st respondent to 4^th respondent.”

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2. In view of the submission and endorsement made by the petitioner (Party-in-Person), this Writ Petition is dismissed as withdrawn. No costs. Consequently, the connected miscellaneous petition is closed.

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09.04.2025

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Index : Yes / No Speaking order / Non-speaking order Neutral Citation Case : Yes / No sp To

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The Appellate Authority, Under the Tamilnadu of Shops and Establishment Act, Dr. Balasundaram Road, Coimbatore – 625 018. (Deputy Commissioner of Labour)

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Page No.3 of 4

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

W.P.No.33255 of 2013

M.DHANDAPANI, J.

W.P.No.33255 of 2013

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