P.Arunachalam v. Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2024

CORAM:

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD and M.P.No.1 of 2012 P.Arunachalam

...Petitioner

-Vs1.Managing Director, Ex-servicemen Security and Detective Bureau, 77, Vazhudavoor Road, Kavundampalayam, Puducherry - 9.

2.The II Additional District Judge, Presiding Officer, Labour Court, Puducherry.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Certiorari, calling for the records pertaining to the order passed by the 2nd respondent in I.A.No.94 of 2011 in I.D.No.13 of 2009 dated 28.02.2012 (wrongly typed as 16.02.2012) and the order in I.A.No.94 of 2011 in I.D.No.13 of 2009 dated 14.06.2012 and quash the same.

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For Petitioner :

Mr.V.Sivalingam For Respondents :

No appearance

O R D E R

This writ petition is filed for issuance of a Writ of Certiorari, to quash the order passed by the 2nd respondent in I.A.No.94 of 2011 in I.D.No.13 of 2009 dated 28.02.2012 (wrongly typed as 16.02.2012) and the order in I.A.No.94 of 2011 in I.D.No.13 of 2009 dated 14.06.2012.

2. Learned counsel for the petitioner submitted that this writ petition is filed challenging the order passed by the 2nd respondent / learned II Additional District Judge, Presiding Officer, Labour Court, Puducherry. There was no delay in filing the petition to set aside the ex parte award. This Court at the time of admission, granted an order of interim stay on 03.09.2012. Since the interim order was in operation, the application filed to set aside the ex parte award has not been numbered by the Labour Court, Puducherry, till date.

3. In view of the above submission made by the learned counsel for the petitioner, the learned II Additional District Judge, Presiding Officer, 2/4

Puducherry, is directed to list the application filed by the 1st respondent to set aside the ex parte award and to dispose of the same on merits in accordance with law within a period of three months from the date of receipt of a copy of the order.

In the result, the writ petition stands disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

12.03.2024 cda Index : Yes/No Speaking/Non Speaking order To 1.Managing Director, Ex-servicemen Security and Detective Bureau, 77, Vazhudavoor Road, Kavundampalayam, Puducherry - 9.

2.The II Additional District Judge, Presiding Officer, Labour Court, Puducherry.

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J.SATHYA NARAYANA PRASAD, J.

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