M/S. Aarthi Motors (Pvt) Ltd. v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.09.2019
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.10151 of 2005 & W.M.P.No.27743 of 2005 M/s. Aarthi Motors (Pvt) Ltd., Represented by its Director, Mrs.Sonia Harita No.4, Pattullas Road, Chennai - 600018.
..Petitioner Vs.
1. The Secretary, Labour and Welfare Department Government of Tamilnadu,
2. The Commissioner of Labour,
3. The Labour Officer III, Kuralagam, 3rd Floor, Chennai - 104.
4. The Presiding Officer, Principal Labour Court, Chennai.
5. Mr.P.Jayashankar, General Secretary, The Tamil Nadu General Workers Union No.9/5, Margo Street, Alandur, Chennai - 600016.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue the Writ of Certiorari to call for the records relating to the award passed by the 4th respondent dated 25.08.2003 in I.D.No.200 of 2003 and quash the same. For Petitioner : Mr.S.Venkatesan For Respondents: Mr.D.Raghu
Government Advocate [R1 to R3] Labour Court [R4] Mr.K.M.Ramesh [R5]
ORDER
The relief sought for in the present writ petition is to quash the award dated 25.08.2003 passed in I.D.No.200 of 2003. The exparte award was passed by the Labour Court.
2. The learned counsel appearing on behalf of the fifth respondent/workman made a submission that the writ petitioner had not filed any petition to set aside the exparte award before the Labour Court. Contrarily, the petitioner has chosen to file the present writ petition after a delay of about one year, thus, the writ petition cannot be entertained.
3. The learned counsel appearing on behalf of the writ petitioner also stated that the writ petitioner/Company was closed down long back and is not in operation, as of now. However, if at all an exparte award is passed by the Labour Court, the writ petitioner has to approach the Labour Court for the purpose of setting aside the exparte award. Contrarily, the writ petition cannot be entertained to quash the exparte award. Further, the writ petitioner/Company is not functioning as of now and the petitioner is also unable to secure any further instructions.
4. This being the factum, no purpose will be served by keeping this writ petition for an unspecified reason and consequently, the writ petition stands dismissed. No costs. Connected miscellaneous petition is closed.
s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar sni To
1. The Secretary, Labour and Welfare Department Government of Tamilnadu,
2. The Commissioner of Labour,
3. The Labour Officer III, Kuralagam, 3rd Floor, Chennai - 104.
4. The Presiding Officer, Principal Labour Court, Chennai.
+1 CC to Govt. Pleader sr 79291.
+1 CC to Mr.S.Venkatesan, Advocate sr 78761.
W.P.No.10151 of 2005 SP(31/10/2019)