O.Vijayan v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2023 CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.26056 of 2003 J.Vijayan ... Petitioner Vs.

1.The Presiding Officer, The Labour Court, Pondicherry.

2.The President, The Karayambuthur Primary Agricultural Co.op Bank Limited, P.18, No.4, High School Road, Karayambuthur, Pondicherry - 607 104. ... Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorarified Mandamus calling for the records on the file of the first respondent herein in his proceedings in I.D.No.51 of 2001 and dated 13.02.2003 and quash the same as illegal, incompetent and without jurisdiction and consequently direct the second respondent to reinstate the Page No.1 of 5

petitioner with full backwages.

For Petitioner :

No appearance For Respondent 1 :

Court For Respondent 2 :

Mr.M.Gnanasekar

O R D E R

The writ petitioner has filed this writ petition to call for the records records on the file of the first respondent herein in his proceedings in I.D.No.51 of 2001 and dated 13.02.2003 and quash the same as illegal, incompetent and without jurisdiction and consequently direct the second respondent to reinstate the petitioner with full backwages.

2. Today, when the matter was taken up for hearing, learned counsel for the petitioner filed a Memo dated 21.03.2023 before this Court and submitted that he has no instruction from the petitioner. For better appreciation, the relevant paragraph of the said Memo is extracted hereunder: "That the counsel for the petitioner had attempted to contact the petitioner seeking certain records and further Page No.2 of 5

instructions, to proceed forth with arguments in case. But, unfortunately, even after several attempts, the counsel for petitioner was unable to contact the petitioner. As the matter has been pending for over 20 years, this Hon'ble Court on 13.03.2023, instructed that a memo be filed to the effect, and that a liberty would be extended to reopen the matter when contact with the petitioner is re-established. It is therefore prayed that this hon'ble Court may be pleased to record the memo and pass such orders as may be necessary".

3. Recording the aforesaid Memo dated 21.03.2023 submitted by the learned counsel for the petitioner, this writ petition is dismissed for nonprosecution with a liberty to the petitioner to re-open the same, if the need arises. No costs.

21.03.2023 vm Index :

Yes/No Speaking Order :

Yes/No To:

1.The Presiding Officer, The Labour Court, Pondicherry.

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2.The President, The Karayambuthur Primary Agricultural Co.op Bank Limited, P.18, No.4, High School Road, Karayambuthur, Pondicherry - 607 104.

J.SATHYA NARAYANA PRASAD,J.

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