Madras High CourtWP/12857/2016disposed of

R.Madesh v. The Managing Director,

2016-04-06Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.NO.12857 OF 2016 R.Madesh .. Petitioner

Versus

1.The Managing Director Tamil Nadu Tourism Development Corporation Wallajah Road, Chennai - 600 002.

2.The Manager Tamil Nadu Tourism Development Corporation Hotel Tamil Nadu Krishnagiri Town, Dharmapuri District.

Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to implement the order of the Labour Court, Salem in I.D.No.215 of 2010 dated 22.09.2014 within a time frame.

For Petitioner :

Mr.V.R.Annagandhi For Respondents :

Mr.N.Roofus Abraham Government Advocate

O R D E R

Heard Mr.V.R.Annagandhi, learned counsel for the petitioner and Mr.N.Roofus Abraham, learned Government Advocate for the respondents.

2.By consent, the writ petition is taken up for final disposal at the admission stage itself.

3.The petitioner seeks for issuance of writ of mandamus to direct the respondent Corporation to implement the award passed by the Labour Court, Salem, in I.D.No.215 of 2010 dated 22.09.2014.

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4.It is stated that till date, the award passed by the Labour Court has not been implemented and the petitioner has not received any notice of challenge made to the award. Therefore, the petitioner would state the respondents are bound to implement the award.

5.In the light of the recent insertion of Section 11-B of the Industrial Disputes Act, 1947, the Labour Court has been empowered to execute the award and shall have the powers of the Civil Court in that regard. Therefore, the proper remedy for the petitioner is to approach the Labour Court, Salem and seek for execution of the award. Granting such liberty, the writ petition is disposed of. No costs.

s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To 1.The Managing Director Tamil Nadu Tourism Development Corporation Wallajah Road, Chennai - 600 002.

2.The Manager Tamil Nadu Tourism Development Corporation Hotel Tamil Nadu Krishnagiri Town, Dharmapuri District.

3. The presiding Officer, Labour Court, Salem.

+ 1 cc to Mr.V.R.Annagandhi, Advocate SR 21918 sks(co) prk25/4 W.P.NO.12857 OF 2016 https://hcservices.ecourts.gov.in/hcservices/