Madras High CourtWP/11199/2014disposed of

R.Murugappan v. The Presiding Officer

2015-03-05Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2015

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.No.11199 of 2014 R.Murugappan .. Petitioner v.

1.The Presiding Officer, Second Additional Labour Court, Chennai - 600 104.

2.The Regsitrar of Co-operative Societies, MC Nichol's Road, Kilpauk, Chennai - 600 010.

3.The Management of Kancheepuram Central Co-operative Bank Limited, Represented by its Chairman, Middle Street, Sheikpet, Kancheepuram.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus, directing the first respondent i.e. second Additional Labour Court Chennai to dispose the C.P.No.444 of 2013 within the stipulated time fixed by this Honourable Court.

For Petitioner : Mr.Chandrasekar P.

For Respondents : Mr.L.P.Shanmugasundaram Spl. Govt. Pleader - for R2 & R3

ORDER

Heard Mr.P.Chandrasekar, learned counsel appearing for the petitioner and Mr.L.P.Shanmugasundaram, learned Special Government Pleader appearing for the respondents 2 and 3.

2. The above writ petition has been filed by the petitioner to issue a Writ of Mandamus, directing the Second Additional Labour Court, Chennai to dispose of C.P.No.444 of 2013 within a stipulated time.

3. Mr.L.P.Shanmugasundaram, learned Special Government Pleader filed a counter affidavit of the second respondent stating that the second respondent has filed a detailed counter statement in C.P.No.444 of 2013 stating that in the Computation Petition filed by the petitioner in the Labour Court, the second respondent was unnecessarily made as a party.

4. Since the prayer sought for in the writ petition is only to direct the Second Additional Labour Court, Chennai to dispose of C.P.No.444 of 2013 within a stipulated time, I am of the view that the Second Additional Labour Court, Chennai can be directed to dispose of the Computation Petition within a stipulated time.

5. Having regard to the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, I direct the Second Additional Labour Court, Chennai to dispose of the Computation Petition No.444 of 2013 on merits and in accordance with law, taking into consideration the counter filed by the respondents, within a period of four months from the date of receipt of a copy of this order. With this observation, the writ petition is disposed of. However, there shall be no order as to costs. Sd/- Asst.Registrar (Records) /true copy/ Sub Asst. Registrar Rj To 1.The Presiding Officer, Second Additional Labour Court, Chennai - 600 104.

2.The Regsitrar of Co-operative Societies, MC Nichol's Road, Kilpauk, Chennai - 600 010.

3.The Chairman The Management of Kancheepuram Central Co-operative Bank Limited, Middle Street, Sheikpet, Kancheepuram.

1 cc to Government Pleader, Sr. 12560 1 cc to M/s. L.P. Shanmugasundaram, Advocate. Sr. 12671 W.P.No.11199 of 2014 MP (CO) kk 18/3