Madras High CourtWP/10222/2012dismissed

The Manager (Hrd) v. The Regional Labour

2019-11-18Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18-11-2019 Coram THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.10222 of 2012 And M.P.No.2 of 2012 The Manager (HRD), Hindustan Photo Films Manufacturing Company Ltd., Ootacamund 643 005, The Nilgiris.

Petitioner vs.

1.The Regional Labour Commissioner (Central), The Appellate Authority under the Payment of Gratuity Act, 1972, No.26, Haddows Road, Sastri Bhavan, Chennai-600 006.

2.The Assistant Labour Commissioner (Central), Controlling Authority under the Payment of Gratuity Act, 1972, No.26, Haddows Road, Sastri Bhavan, Chennai-600 006.

3.M.Suseela .. Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records relating to the order dated 21.04.2009 passed by the second respondent made in Gratuity Application No.75 of 2008 and that of the order dated 08.12.2010 passed by the first respondent made in Gratuity Appeal No.24 of 2010 and quash the same in so far as it relates to ordering payment of Rs.79,164.16 to the third respondent towards gratuity. For Petitioner : Mrs.Rita Chandrasekar for M/s.Aiyar and Dolia.

For Respondents : No Appearance https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The learned counsel appearing on behalf of the writ petitioner fairly made a submission that the connected writ petition filed by the petitioner in WP No.10679 of 2009 was already dismissed by this Court by an order dated 06.09.2019.

2. In view of the fact that the issues are similar, the present writ petition is also to be construed in the light of the order passed in WP No.10679 of 2009 dated 06.09.2019. Consequently, the present writ petition also stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar Svn To 1.The Regional Labour Commissioner (Central), The Appellate Authority under the Payment of Gratuity Act, 1972, No.26, Haddows Road, Sastri Bhavan, Chennai-600 006.

2.The Assistant Labour Commissioner (Central), Controlling Authority under the Payment of Gratuity Act, 1972, No.26, Haddows Road, Sastri Bhavan, Chennai-600 006.

+1cc to Mr.Aiyar and Dolia , Advocate SR.No. 95930 W.P.No.10222 of 2012 A.SK(21/01/2020) https://hcservices.ecourts.gov.in/hcservices/