The Management v. The Special Dy. Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2021

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.NO.20457 OF 2009 The Management, Tiruvannamalai District Central Coop. Bank Ltd., rep. By its Special Officer, Tiruvannamalai-606 602.

... Petitioner Vs

1. The Special Dy. Commissioner of Labour, (Appellate Authority), Under the Tamil Nadu Shops & Establishments Act, D.M.S. Compound, Teynampet, Chennai-600 006.

2. D.Arivazhagan ... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorari, calling for the records of the first respondent which culminated in the passing of the order dated 20.11.2008 made in TSE-1/17-A/2007 and quash the same.

For Petitioner :

No Appearance For Respondents :

Mr.C.Selvaraj (for R1) Government Advocate Mr.R.Arumugam (for R2)

O R D E R

This matter had initially come up for hearing on 08.10.2009, thereafter on 10.10.2012 and after a long hiatus, on 26.08.2021, when this Court recorded the submission of Ms.Shahana, who stated that she had no instructions to report, despite best efforts having been taken by her to reach the petitioner. Hence, notice was issued to the petitioner in order to ensure that the petitioner was aware of the listing of the matter. It was adjourned to 13.09.2021 when also there was no vakalath filed by any learned counsel on behalf of the petitioner. https://hcservices.ecourts.gov.in/hcservices/

2. Since Court service was incomplete on the petitioner, the matter was adjourned to today to await completion of service. The name of the petitioner figures in the cause list today and service is also complete as per service report of the registry. There is, however, no representation by any counsel and no vakalath has been filed on behalf of the petitioner.

3. One Mr.Gokulakrishnan, would state that he is making arrangements to contact the petitioner, but I am not inclined to adjourn the matter indefinitely, being of the year 2009. Hence, this writ petition is dismissed for non-prosecution. If the petitioner is so inclined to pursue the writ petition, let a petition be filed for restoration, which will be considered by this Court on its own merit, if and when filed. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vs To The Special Deputy Commissioner of Labour, (Appellate Authority), Under the Tamil Nadu Shops & Establishments Act, D.M.S. Compound, Teynampet, Chennai-600 006.

+1cc to Mr.R.Arumugam, Advocate, S.R.No.48488 +1cc to the Government Pleader, S.R.No.49070 W.P.No.20457 of 2009 SPD(CO) CS/27/10/2021 https://hcservices.ecourts.gov.in/hcservices/