Madras High CourtWP/24404/2010disposed of

The Commissioner v. The Labour Court,

2023-11-28Honourable Mrs Justice N. Mala4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 28.11.2023 Coram:

THE HONOURABLE MRS.JUSTICE N.MALA and WMP.Nos. 1 and 2 of 2010 The Commissioner, Edappady Municipality, Edappady, Sankari Taluk, Salem District.

...Petitioner

Vs.

1.The Labour Court, Salem.

2.A.Kaliyamoorthy

...Respondents

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records pertaining to the impugned order of the 1st respondent passed in I.D.No.76 of 2006 dated 27.08.2009.

For Petitioner : Mr.P.P.Shanmugasundaram For Respondents: R1- Court R2- Mr.T.Karunakaran O RDER 1 / 4

The writ petition is filed by the Commissioner, Edappady Municipality challenging the order passed in I.D.No. 76 of 2006 dated 27.08.2009.

2. The learned counsel for the Municipality submitted that the 2nd respondent in the writ petition gave a representation to the Municipality on 29.12.2011 stating that he will not claim the award amount, if given employment. The learned counsel has also filed additional affidavit of the Commissioner Edappady Municipality and the relevant paragraph is as follows:

"4.I respectfully submit that the 2nd respondent made a representation on to Municipality on 29.10.2011 that he will not claim the award amount of Rs. 1,94,400/- in granting the job to the 2nd respondent and the same was considered and the 2nd respondent was appointed as sanitary worker on 28.02.2011 and still he is working in the above said post as a permanent employee and he had retired on 30.06.2023."

Recording the the submissions made by the Commissioner Edappady Municipality and the representation given by the 2nd respondent filed in the 2 / 4

additional typed set of papers, the writ petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

28.11.2023 (3/6) Index: Yes/No Speaking Order:Yes/No dsn 3 / 4

N.MALA, J.

dsn To 1.The Commissioner, Edappady Municipality, Edappady, Sankari Taluk, Salem District.

2.The Labour Court, Salem.

28.11.2023 (3/6) 4 / 4