K.Prabu, v. The Member,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.12.2024

CORAM

THE HONOURABLE MR. JUSTICE P.DHANABAL W.P.No.33782 of 2012 and MP.No.2 of 2012 1.K.Prabhu 2.P.Sampath 3.N.Ramamurthy 4.Peter Alex R.A.

5.M.T.Kumaravelu 6.RM.Seenivasagan 7.B.N.Sivaramakrishna Prasad 8.Jamuna Sivakumar 9.D.Vijayalayan 10.N.Dhanasekaran 11.V.Kumaravel 12.N.Kirubhakaran 13.S.Devarajalu 14.Gurukumar 15.R.Rajendiran .. Petitioners Vs.

1.The Member, Company Law Board, Chennai Bench, No.29, UTI Building, 3rd Floor, Rajaji Salai, Parrys, Chennai - 600 001.

2.Henkel India Limited, Rep by its Manager (Finance) No.69 & 70, Southern Avenue, Industrial Estate, Ambathur, Chennai - 600 058.

Tamil Nadu, India.

.. Respondents 1/3

Prayer: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent relating to the impugned order in company petition No.767/17/CB/2012, dated 17.08.2012 and quash the same, consequently direct the 1st respondent to issue notice to the petitioner and after affording sufficient opportunity of hearing pass order on merit in accordance with law in the above said company petition. For Petitioners : Mr.P.R.Thiruneelakandan For Respondents : No Appearance

O R D E R

When the matter was taken up for hearing, the learned counsel appearing for the petitioners would submit that subsequent to the filing of this writ petition, the petitioners challenged their termination order under the Tamilnadu Shops and Establishment Act, wherein the petitioners were awarded compensation. Challenging the same, the writ appeals were filed and now the matter is pending before the Division Bench of this Court in batch of Writ Appeals viz., W.A.Nos.2952 of 2023 etc batch, hence this writ petition may be closed without prejudice to the petitioners' right in the above said writ appeals.

2. In view of the submission made by the learned counsel for 2/3

the petitioners, this writ petition is closed without prejudice to the rights of the petitioners' pending in the above said writ appeals. No costs. Consequently connected Miscellaneous Petition is closed. 03.12.2024 Index: Yes/No.

Internet/Yes/No drl To 1.The Member, Company Law Board, Chennai Bench, No.29, UTI Building, 3rd Floor, Rajaji Salai, Parrys, Chennai - 600 001.

P.DHANABAL.J.

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drl W.P.No.33782 of 2012 and MP.No.2 of 2012 03.12.2024 4/3