The Mangement Of Ti Diamond v. The Presiding Officer Ii Addl

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2023 CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.28000 of 2003 The Management of Ti Diamond Chain Ltd., Ambattur, Chennai Rep. by its Sr.Manager (ER) ... Petitioner Vs.

1.The Presiding Officer, II Additional Labour Court, Chennai.

2.I.Elangovan ... Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorari calling for the records of the first respondent in I.D.No.411/84 and quash its order dated 08.11.2002. For Petitioner :

Mr.Haroon, for T.S.Gopalan & Co., For Respondent 1 :

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For Respondent 2 : Mr.S.Kumaraswamy

O R D E R

When the matter was taken up for hearing, learned counsel for the petitioner submitted that the whereabouts of the second respondent viz., I.Elangovan is not known and the counsel appearing for the second respondent has also acknowledged the same, before this Court. Therefore, the learned counsel for the petitioner sought permission of this Court to withdraw the present writ petition and he has also filed a memo dated 19.06.2023 to that effect. For better appreciation, the relevant portions of the said memo dated 19.06.2023 is extracted hereunder: "This writ petition had been filed challenging the award of the Labour Court dated 08.11.2002 in I.D.No.411 of 1984. While there have been attempts to amicably settle the dispute between parties, the whereabouts of workman concerned in the dispute is not known and the Counsel appearing for the workman has also acknowledged the said fact before this Hon'ble Court.

2. In the above circumstances, this petitioner craves leave of this Hon'ble Court to withdraw the Writ Petition, reserving its right to restore the Writ Petition in the event of the Page No.2 of 5

workman approaching the Management for any relief in terms of the award of the Labour Court."

2. The aforesaid memo dated 19.06.2023 filed by the learned counsel for the petitioner has been taken on record by this Court.

3. Recording the memo dated 19.06.2023 filed by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn with a liberty to the second respondent to re-open the same, if the need arises. No costs. 19.06.2023 vm Index :

Yes/No Speaking Order :

Yes/No To:

1.The Presiding Officer, II Additional Labour Court, Chennai.

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J.SATHYA NARAYANA PRASAD,J.

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