The Superintending Engineer, v. The Presiding Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2021
CORAM
THE HONOURABLE MR.JUSTICE M.S. RAMESH W.P.No.18336 of 2011 and M.P.No.2 of 2011 The Superintending Engineer, Vellore Electricity Distribution Circle, Tamil Nadu Electricity Board, Gandhi Nagar, Vellore - 6.
... Petitioner Vs 1.The Presiding Officer, Principal Labour Court, Vellore.
2.Balamurugan
...Respondents
Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for the records in common award passed by the 1st respondent herein in 298 to 377 of 2004, 422 and 423 of 2004 dated 25.06.2009 on the file of the first respondent and quash the order made in C.P.No.422 of 2004.
For Petitioner :
Mr.T.S.Akash for M/s.T.S.Gopalan & Co., For Respondents:
R1 - Court No appearance for R2
ORDER
It is brought to the notice of this Court that the order of the Inspector of Labour based on which the second respondent herein has filed a claim petition under Section 33C(2) of the Industrial Disputes Act, 1947, was the subject matter of challenge in a batch of writ petitions before the Hon'ble Division Bench in the case of The Superintending Engineer, Nagapattinam EDV c. The Inspector of Labour and Others reported in 2009 (4) MLJ 472, whereby the orders of the Inspector of Labour were set aside.
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2. Since the present writ petition is against the order passed in the claim petition which arose from the similar order of the Inspector of Labour, which was also the subject matter before the Hon'ble Division Bench in the decision cited supra, the order made in the claim petition cannot be sustained.
3. Accordingly, the impugned order dated 25.06.2009 made in C.P.No.422 of 2004 is quashed and this writ petition stands allowed. No costs.
Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ssm To The Presiding Officer, Principal Labour Court, Vellore.
+1cc to M/s.T.S.Gopalan & Co, Advocate Sr.45687 W.P.No.18336 of 2011 jp-ii[co] srg 20/10/2021 https://hcservices.ecourts.gov.in/hcservices/