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Madras High CourtWP/31478/2012disposed of

The Management v. The Presiding Officer

2021-10-25Honourable Mr Justice P.D.Audikesavalu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2021

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 31478 of 2012 and M.P. No. 1 of 2012 The Management, M/s. Singer India Ltd., No. 26/4, II Floor, Mohan Co-op. Industrial Area, New Delhi - 44.

... Petitioner -vs1. The Presiding Officer, Labour Court, Coimbatore.

2. V.A.Sivashankaran ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari, praying to call for the entire records pursuant to the order passed in C.P. No. 46 of 2009 dated 05.07.2012 on the file of the First Respondent and quash the same. For Petitioner : Mr. S.Saravanan For Respondents : R1 - Court Mr. A.Deivasigamani for Mr. G.B. Saravana Bhavan (for R2)

ORDER

(through video conference) Heard Mr. S.Saravanan, Learned Counsel for the Petitioner and Mr. A. Deivasigamani, Learned Counsel for the Second https://hcservices.ecourts.gov.in/hcservices/

Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition challenges the order dated 05.07.2012 in C.P. No. 46 of 2009 passed by the Labour Court, Coimbatore (hereinafter referred to as the 'Labour Court' for short) determining that the sum of Rs. 4,79,295/- due as wages payable by the Petitioner to the Second Respondent for the period from 12.04.2003 to 31.03.2009 in terms of the exparte award dated 17.03.2008 in I.D. No. 7 of 2006 passed by the Labour Court.

3.

Since this Court by another order dated 25.10.2021 in W.P. No. 10758 of 2012 has set aside the exparte award dated 17.03.2008 in I.D. No. 7 of 2006 passed by the Labour Court, the impugned order can no longer be sustained and accordingly, it is set aside and the proceedings in C.P. No. 46 of 2009 before the Labour Court shall stand closed. In the result, the Writ Petition is disposed on the aforesaid terms.

Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar vjt/skr To

1. The Presiding Officer, Labour Court, Coimbatore.

W.P. No. 10758 of 2012 GPL(CO) SB(09/11/2021) https://hcservices.ecourts.gov.in/hcservices/