Management Of Lakshmi Machine Works Limited, Unit-Ii, v. R.Purushothaman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2023

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI W.P. No.12610 of 2020 and W.M.P. No.15560 of 2020 Management of Lakshmi Machine Works Limited, Unit-II, Kaniyur, Coimbatore, Represented by its General Manager - Industrial Relations, M.Ranganathan.

... Petitioner -vs1. R.Purushothaman

2. The Certifying Officer/ Joint Commissioner of Labour, Dr.Balasundaram Road, Coimbatore-18.

3. Kaniyur LMW II Workers and Staff Union (Regd. No.745) Having Office at Kaniyur Post, Coimbatore.

(R3 impleading vide order dated 07.10.2021made in WMP.No.18082 of 2020 in WP.No.12610 of 2020 by this Court) ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari and call for the records connected with IESO Appeal No.1 of 2005 on the file of the Appellate Authority under Section 2(a) of the Industrial Employment Standing Orders Act (Presiding 1/4

Officer, Labour Court, Coimbatore) and quash the order dated 07.08.2020 made in IESO Appeal No.1 of 2005 therein and thereby restore order dated 10.01.2005 on the file of the Certifying Officer (Joint Commissioner of Labour Coimbatore) in proceedings No.RC.No.B/8434/2003. For Petitioner :

Mr.Sanjay Mohan For Mr.S.Ramasubramanian & Associates For Respondents :

Mr.M.R.Dharanichandar R1 R3 - No appearance Mr.S.John J.Raja Singh, AGP R2

O R D E R

This petition has been filed seeking to quash the order in IESO Appeal No.1 of 2005 on the file of the Appellate Authority under Section 2(a) of the Industrial Employment Standing Orders Act (Presiding Officer, Labour Court, Coimbatore), dated 07.08.2020 made in IESO Appeal No.1 of 2005 therein and thereby restore order dated 10.01.2005 on the file of the Certifying Officer (Joint Commissioner of Labour Coimbatore) in proceedings No.RC.No.B/8434/2003.

2. When the matter is taken up for hearing, the learned counsel for the respondent submitted that the respondent have already withdrawn the appeal filed before the appellate Court in terms of the Standing Orders Act 1946. 2/4

Therefore, the relief sought for by the petitioner has become infructuous and hence, nothing survives for adjudication in the writ petition.

3. Recording the above submission and endorsement made by the learned counsel for the respondent, the Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is also closed. 22.09.2023 Rli Index: Yes/No NCS : Yes/No To The Certifying Officer/ Joint Commissioner of Labour, Dr.Balasundaram Road, Coimbatore-18.

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M.DHANDAPANI, J.

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