P. Sinkaran, S/O. Palaian, v. the Assistant Commissioner of
Natural Justice – Cancellation of Principal Employer Certificate
Case brief
What is this about?
W.P(MD)No.11230 of 2019, Madurai Bench of Madras High Court, decided 27.03.2025 by V. Lakshminarayanan, J.: contractor's writ (Article 226, Certiorarified Mandamus) allowed; principal employer certificate cancellation order No.AAS/5466/2017 dated 14.07.2017 (Assistant Commissioner of Labour, Tirunelveli) and consequential TWAD Board letter No.9418/Nfh.gjpT/cv/2018 dated 09.04.2018 quashed for total violation of natural justice — no enquiry notice to petitioner, no hearing before order; proceedings remitted to first respondent for fresh enquiry with notice, forgery issue to be specifically framed, possible cancellation of licence and criminal proceedings if forgery found; parties P. Sinkaran v. Assistant Commissioner of Labour, Tirunelveli and TWAD Board officials; no cases cited; no costs.
What did the court decide?
Quashing of the first respondent's order No.AAS/5466/2017 dated 14.07.2017 and the fourth respondent's consequential letter No.9418/Nfh.gjpT/cv/2018 dated 09.04.2018; remittal of the proceedings to the first respondent for a fresh enquiry with notice to the petitioner and others, with a specifically framed issue on the alleged forgery; no order as to costs.