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Madras High CourtWMP/7249/2018disposed of

The Management v. The Presiding Officer,

2018-03-19Honourable Mr Justice Satrughana Pujahari3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Monday, the Nineteenth day of March Two Thousand Eighteen PRESENT THE HON`BLE MR JUSTICE SATRUGHANA PUJAHARI WMP NOS.7249 TO 7251 OF 2018 IN WP.Nos.6955 TO 6957 OF 2015 THE MANAGEMENT [PETITIONER IN ALL THE PETITIONS ] TAMILNADU STATE TRANSPORT CORPORATION, THIRUVALLUR ILLAM, NO.2 PALLAVNAN SALAI, CHENNAI-2, REP. BY ITS GENERAL MANAGER.

Vs THE PRESIDING OFFICER, [1ST RESPONDENT IN ALL THE PETITIONS] III ADDITIONAL LABOUR COURT, MADRAS HIGH COURT CAMPUS, CHENNAI.

THIRU.G.KUPPUSAMY [2ND RESPONDENT IN WMP.7249/18 IN WP.6955/15] P.K.PARAMESWARAN [2ND RESPONDENT IN WMP.7250/18 IN WP.6956/15] S.JAWAHARLAL NEHRU [2ND RESPONDENT IN WMP.7251/18 IN WP.6957/15] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to extend the time period for the compliance of the order passed in MP No.1 of 2015 in WP No.6955 of 2015 dated 13.3.2015 and (in WMP.No.7249/18) pending disposal of the above writ petition 6955/15 (ii) To extend the time period for the compliance of the order passed in MP No.1 of 2015 in WP No.6956 of 2015 dated 13.3.2015 and (in WMP.No.7250/18) pending disposal of the above writ petition 6956/15 and;

(iii) To extend the time period for the compliance of the order passed in MP No.1 of 2015 in WP No.6957 of 2015 dated 13.3.2015 and (in WMP.No.7251/18 pending disposal of the above writ petition 6957/18 respectively.

Order : These petitions coming on for orders upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of M/S S.RAJENI RAMADASS Advocate for the petitioner in all the petitions and of MR.R.KRISHNASWAMY Advocate on behalf of the 2nd respondent in each petitions the court made the following order:- The prayer for extension of time has been made by the petitioner-Management in each of the miscellaneous petition.

2. It appears that this Court, on 13.3.2015, while staying the operation of the order, have directed the petitioner-Management to deposit 25% of the back wages in each of the case to the credit of I.D.Nos.731 of 2001, 28 of 2002 and 108 of 2006 respectively, within three weeks. But the same was not complied with. Thereafter, at the first instance, on 22.3.2017, Mr.P.Paramasiva Doss, learned counsel appearing for the petitioner sought for six more weeks to comply the order. Accordingly, a further period of six more weeks from 22.3.2017 was granted. Even then, the order was not complied with. Hence, the present miscellaneous petitions are filed seeking extension of time for compliance of the order.

3. Though this Court is not inclined to grant further extension of time, but taking a lenient view of the matter, it is directed that if 50% of the back wages in each case have to be deposited to the credit of I.D.Nos.731 of 2001, 28 of 2002 and 108 of 2006 respectively, pending on the file of the III Additional Labour Court, Madras High Court, Campus, Chennai, i.e., 25% of the back wages in each case by 20.3.2018 and another 25% of the back wages in each case by the end of April 2018, the Awards of the Labour Court shall stand stayed. Further, it is made clear that no further extension of time shall be granted in this regard.

4. With the above direction, the miscellaneous petitions shall stand disposed of.

-sd/- 19/03/2018 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE PRESIDING OFFICER, PRINCIPAL LABOUR COURT, CHENNAI.

+3 C.C. to M/S S.RAJENI RAMADASS Advocate SR.Nos.3475 to 3477 C.C. To MR.V.AJAY KHOSE Advocate SR.No.3404 The Government Advocate, High Court, Madras - 104. Order in WMP NOS.7249 TO 7251 OF 2018 IN WP.Nos.6955 TO 6957 OF 2015 Date :19/03/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SDR 20.03.2018