Madras High CourtWP/19588/2010disposed of

M/S.Karur K.C.P.Limited v. The President

2023-11-06Honourable Mrs Justice N. Mala4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2023

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA and W.M.P.No.1 of 2010 M/s.Karur K.C.P. Limited, Represented by its General Manager, No.112, Thiruvandar Koil (Post), Mannadipet Commune, Pondicherry - 605 102.

...Petitioner

Vs.

1. The President Puducherry KCP Thozhilalar Sangam, No.80, Udayar Street, Pakkamudayanpet, Pondicherry - 8.

2. The Presiding Officer, Labour Court, Pondicherry.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for all the records of the 2nd Respondent herein dated 19.03.2010 pertaining to I.D.No.27 of 2003 and quash the same.

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For Petitioner : Mr.H.Shabeer Ahamed for Mr.N.Nithianandam For Respondents : R1 - Mr.S.Baskaran : R2 - Court For liquidator : Mr. Avinash Krishnan Ravi Counsel for liquidator of Karur KCP Packaging Ltd.,

ORDER

The writ petition is filed challenging the award passed by the 2nd respondent Labour Court in I.A.No.27 of 2023 dated 19.03.2010. By the impugned award, the 2nd respondent has directed the petitioner in this writ petition to settle the Terminal benefits, Bonus for the year 2000-2001 and Leave Salary to the 50 workers named therein.

2. The learned counsel for the petitioner submits that the petitioner has gone into liquidation and therefore, the claim of the 1st respondent could be considered only by the liquidator.

3. The liquidator is represented by Mr.Avinash Krishnan Ravi, Counsel for liquidator of the M/s. Karur K.C.P. Limited. 2/4

4. In view of the submission made by the learned counsel for the petitioner, the 1st respondent is directed to approach the liquidator for the claim under the award. The liquidator shall consider the same on merits and in accordance with law.

5. In the light of the above, the writ petition stands disposed of. Consequently, connected Writ Miscellaneous Petition is closed. 06.11.2023 mac Index : Yes/No To:

The Labour Court, Pondicherry.

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N.MALA, J.

mac and W.M.P.No.1 of 2010 06.11.2023 4/4