Mrs.Govindamma v. Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2023

CORAM

THE HONOURABLE MR. JUSTICE S.S.SUNDAR Govindamma

...Petitioner

-Vs1.The Presiding Officer, Third Additional Labour Court, City Civil Court Buildings, Chennai - 600 104.

2.Management of Sheetha Kingston House, Matriculation Higher Secondary School, 116, Govindappa Naicken Street, Chennai - 600 001.

3.Principal Sheetha Kingston House, Matriculation Higher Secondary School, 768, Poonamallee High Road, Kilpauk, Chennai - 600 010.

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus call for the records of the 1st respondent Award passed in I.D.No.598 of 2004 dated 23.10.2009 and quash the same and further direct the 2nd and 3rd respondents to reinstate the petitioner with continuity of service, back wages and all other attendant benefits.

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For Petitioner : Mr.P.Chandrasekaran For R1 : Labour Court For R2 : Mr.Anand Gopalan for M/s.T.S.Gopalan & Co.

O R D E R

This writ petition is filed by the petitioner/employee who earlier raised an Industrial Dispute in I.D.No.598 of 2004 dated 23.10.2002 passed by the first respondent/Labour Court alleging illegal termination of the petitioner and praying for reinstatement with back wages.

2.It is the case of the petitioner that she was appointed as a sweeper by the 2nd respondent Management.

3.It is the case of the 2nd respondent/Management that she wanted alternative employment for her daughter and voluntarily resigned. 4.The case of the 2nd respondent/Management was accepted by the Labour Court. However, a sum of Rs.25,000/- was also directed to be paid by the respondent/ Management as compensation. Aggrieved by the same, the 2/6

above writ petition is filed by the petitioner/employee. 5.The learned counsel for the petitioner states that he is unable to contact the petitioner and she has also attained the age of superannuation. Since for want of communication, the learned counsel for the petitioner is unable to report before this Court as to whether the petitioner is interested in pursuing this case or not.

6.A Counter Affidavit has been filed by the 2nd respondent/Management. 7.Heard the rival submissions made by the learned counsel on either side and perused the materials available on record. 8.This Court is of the view that the petitioner is not interested in pursuing this writ petition.

9.Having regard to the nature of the facts reported by the learned counsel appearing for the petitioner, this Court is of the view that no useful purpose will be served by keeping this writ petition pending. 10.Hence, this writ petition stands dismissed for non prosecution. No 3/6

costs.

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1.The Presiding Officer, Third Additional Labour Court, City Civil Court Buildings, Chennai - 600 104.

2.Management of Sheetha Kingston House, Matriculation Higher Secondary School, 116, Govindappa Naicken Street, Chennai - 600 001.

3.Principal Sheetha Kingston House, Matriculation Higher Secondary School, 768, Poonamallee High Road, Kilpauk, Chennai - 600 010.

S.S.SUNDAR . J., cda 5/6

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