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Madras High CourtWP/15103/2012dismissed

G.Shanmugam, v. The Secretary To Government,

2023-08-17Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.08.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN G.Shanmugam ... Petitioner Vs.

1.The Secretary to Government, Labour & Welfare Department, Secretariat, Fort St.George, Chennai-9 2.The Managing Director, Tube Products of India Ltd., Post Box No.4, Avadi, Chennai 600 054 3.The President, Tube Products of India Ltd., Post Box No.4, Avadi, Chennai 600 054 ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a writ of mandamus directing the second respondent to pay the settlement benefits and all other consequential service and monetary benefits.

For Petitioner : No appearance 1/4

For Respondents For R1 : Mr.K.H.Ravikumar, Government Advocate For R2 & 3 : Mr.A.P.Venkatesh Prasad for M/s.T.S.Gopalan & Co.

ORDER

This writ petition has been filed for direction to the second respondent to pay the settlement benefits to the petitioner. 2.

On perusal of records, the petitioner had joined in the second respondent / company. Admittedly, the second respondent is a private concern and it is not an establishment within the meaning of Article 12 of Constitution of India nor it is a public authority or public sector enterprise. Therefore, no writ will lie against the second respondent. The relief itself sought for in this writ petition is only as against the second respondent. Therefore, no direction can be issued in this writ petition since the writ petition is not maintainable.

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3.

In view of the above, this writ petition is dismissed. There shall be no order as to costs.

17.08.2023 Internet: Yes Index: Yes/No Speaking/Non-speaking order lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To 1.The Secretary to Government, Labour & Welfare Department, Secretariat, Fort St.George, Chennai-9 2.The Managing Director, Tube Products of India Ltd., Post Box No.4, Avadi, Chennai 600 054 3.The President, Tube Products of India Ltd., Post Box No.4, Avadi, Chennai 600 054

4. The Government Advoate, High Court, Madras.

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