The Superintending Engineer v. The Assistant Commissioner Of Labour
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.11.2021 CORAM :
THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.No.7289 of 2021 and W.M.P.Nos.11817 & 7793 of 2021 The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation, Chennai Electricity Distribution Circle/Central, No.97/5, M.G.R.Salai, Kodambakkam High Road, Valluvarkottam, Chennai 600 034.
...Petitioner
-Vs1. The Assistant Commissioner of Labour (Enforcement) Authority under Tamil Nadu, Conferment of Permanent Status to Workmen Act, Circle-II, Nandanam, Chennai - 600 035.
2.C.Kalidass 3.N.Velu 4.S.John Thangaiah 5.T.Vasanthakumar 6.E.Velu 7.M.Mathiazhagan 8.R.Vasu 9.K.Selvakumar 10.V.Elumalai 11.G.Mohan 12.P.Ramesh 13.T.Chandrababu 14.B.Murugan
15.V.Kaliappan 16.M.Elumalai 17.V.Babu 18.S.Ravi 19.P.R.Pushparaghavan
...Respondents
Prayer : Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to take on record the Interlocutory Applications filed by the petitioner dated 16.12.2019 and 19.02.2021, decide the preliminary issue of maintainability, pursuant to the Memo filed by the petitioner dated 26.02.2021 in Na.Ka.No.3612 to 3629 of 2018, before proceeding further in the case. For Petitioner : Mr.Anand Gopalan for M/s.T.S.Gopalan and Company For Respondents: Mr.V.Manoharan, AGP for R1 Mr.V.Stalin for R2 to R6 and R8 to R19 R7-deceased
O R D E R
This writ petition has been filed to issue a Writ of Mandamus, directing the first respondent to take on record the Interlocutory Applications filed by the petitioner dated 16.12.2019 and 19.02.2021, decide the preliminary issue of maintainability, pursuant to the Memo filed by the petitioner dated 26.02.2021 in Na.Ka.No.3612 to 3629 of 2018, before proceeding further in the case.
2. Today, when the matter is taken up for hearing, it is represented by the learned counsel for the respondent workmen that the preliminary issue has already been decided and order has been passed on 31.08.2021.
3. In view of the same, nothing survives for further consideration in the present writ petition in regard to the prayer as sought. Therefore, this writ petition stands dismissed as having become infructuous.
4. The first respondent is directed to expedite the hearing of the case and dispose of the same on merits atleast within a period of six months from the date of receipt of a copy of this order.
5. No costs. Consequently, connected miscellaneous petitions are also closed.
Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar gsk/tri To
1. The Assistant Commissioner of Labour (Enforcement) Authority under Tamil Nadu, Conferment of Permanent Status to Workmen Act, Circle-II, Nandanam,Chennai - 600 035.
+1cc to M/s.V.Stalin, Advocate, S.R.No.59609 +1cc to M/s.T.S.Gopalan & Co, Advocate, S.R.No.59574 +1cc to the Government Pleader, S.R.No.18757 W.P.No.7289 of 2021 and W.M.P.Nos.11817 & 7793 of 2021 PMK(CO) RGA(02/12/2021)