Madras High CourtWP/18692/2004disposed of

The Executive Engineer, Tn v. S.Shanmugam, S/O.Sitthaiyan

2019-09-19Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19-09-2019 Coram THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.18692 of 2004 1.The Executive Engineer, Tamil Nadu Water Supply and Drainage Board, Maintenance Division (WBP), Vilankurichi Road, Peelamedu, Coimbatore-641 004.

2.The Managing Director, Tamil Nadu Water Supply and Drainage Board, Chepauk, Chennai-600 005.

Petitioners vs.

1.S.Shanmugam 2.The Presiding Officer, Labour Court, .. Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records made in the impugned Award dated 21.01.2004 in C.P.No.32 of 2001 on the file of the Labour Court, Coimbatore and quash the same.

For Petitioners : Mr.M.Arokia Raj For Respondent-1 : Mr.V.Ajoy Khose

O R D E R

The relief sought for in the present writ petition is to quash the Award dated 21.01.2004 passed in C.P.No.32 of 2001 on the file of the Labour Court, Coimbatore.

2. The claim petition filed by the first respondentworkman was allowed against the Tamil Nadu Water Supply and Drainage Board.

3. The learned counsel for the writ petitionersTamil Nadu Water Supply and Drainage Board concedes that the Award amount of Rs.8,149/- would be settled in favour of the legal heirs of the deceased first respondent-workman, within a period of eight weeks.

4. In view of the said submission of the learned counsel for the writ petitioners-Tamil Nadu Water Supply and Drainage Board that the Tamil Nadu Water Supply and Drainage Board is willing to settle the Award amount of Rs.8,149/- in favour of the legal heirs of the deceased first respondentworkman, no further adjudication is required on merits in the present writ petition.

5. The learned counsel for the first respondentworkman brought to the notice of this Court that the entire Award amount had already been deposited in the account of C.P.No.32 of 2001 on the file of the Labour Court, Coimbatore. Thus, the legal heirs of the first respondent-workman are entitled to withdraw the said Award amount of Rs.8,149/-, by filing an appropriate application before the Labour Court,

6. Accordingly, the following orders are passed:- (a) The first respondent-workman is entitled for the Award amount of Rs.8,149/- in view of the fact that the workman died, the legal heirs of the first respondent-workman is entitled to withdraw the entire Award amount of Rs.8,149/- from the Labour Court, Coimbatore by filing an appropriate application.

(b) In the event of receiving any such application, the Labour Court, Coimbatore is directed to settle the amount as expeditiously as possible.

7. With the above directions, the writ petition stands disposed of. However, there shall be no order as to costs.

Sd/- Assistant Registrar(CS ) //True copy// Sub Assistant Registrar Svn

To The Presiding Officer, Labour Court, +1cc to Mr.M.Arokia Raj, Advocate SR.No.80958 +1cc to Mr.V.Ajoy Khos, Advocate SR.No.80956 W.P.No.18692 of 2004 SSD(CO) GMY(25/10/2019)