Madras High CourtWP/10646/2012disposed of

The Management v. The Presiding Officer

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.10646 OF 2012 The Management, Edison Electrical Works, Manalur, Chidambaram Taluk, Cuddalore District.

.. Petitioner vs.

1. The Presiding Officer, Labour Court, Cuddalore District.

2. P.Devendiran .. Respondents PRAYER :

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, after calling for the concerned records from the first respondent, quash the Award passed by the first respondentLabour Court in I.D.No.15 of 2008 dated 10.10.2011 as illegal, arbitrary and contrary to law.

For Petitioner : Mr.Balan Haridass For Respondent-1: Labour Court For Respondent-2: Mr.C.K.Chandrasekar

O R D E R

The learned counsel appearing on behalf of the second respondent-workman made a submission that the first respondentLabour Court passed an Award of reinstatement and the second respondent-workman subsequently reached the age of superannuation.

2. The learned counsel for the second respondent-workman further states that the writ petitioner-Management sent a letter on 15.12.2011, asking the second respondent-workman to report for duty and the second respondent-workman had refused to do so. The second respondent-workman sent a letter on 23.01.2012, https://hcservices.ecourts.gov.in/hcservices/

stating that unless an undertaking is given, the second respondent-workman would not be in a position to report for duty.

3. However, the fact remains that the second respondentworkman had not joined duty and reached the age of superannuation. The Labour Court itself has not granted any monetary benefits and under these circumstances, no further relief can be granted in respect of the writ petition filed by the writ petitioner-Management.

4. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar Svn To The Presiding Officer, Labour Court, Cuddalore District.

+1cc to Mr.C.K.Chandrasekar, Advocate, S.R.No.96395 W.P.No.10646 of 2012 RGN(CO) CS/22/01/2020 https://hcservices.ecourts.gov.in/hcservices/