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Madras High CourtWP/17861/2017disposed of

Baskaran Mohan, v. Deputy Commissioner Of

2017-07-14Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2017

CORAM

THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.17861 of 2017 W.M.P.No. 19395 of 2017 Baskaran Mohan ... Petitioner Vs

1. The Deputy Commissioner of Labour, D.M.S.Complex, Anna Salai, Teynampet, Chennai - 600 006.

2. EIT Services India Private Limited, Rep by its Manager, Citius - A, Olympia Technology Park, No.1, SIDCO Industries Estate, Guindy, Chennai - 600 032.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to dispose of the stay petition filed by the petitioner along with his Appeal dated 11.07.2017. For Petitioner : Mr.T.Gowthaman

ORDER

The relief sought for in this writ petition is for a direction to the first respondent to take the stay application on file along with his Appeal dated 11th July 2017.

2. The writ petitioner filed the appeal under Section 41 (2) of the Tamil Nadu Shops and Establishments Act, 1947, questioning the letter of separation issued by the Management on 14th July 2017.

https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel appearing for the writ petitioner contended that along with the appeal he moved a miscellaneous petition seeking stay of the order. Though, the stay petition was filed along with the appeal, the respondent has not taken the stay petition on file for consideration.

4. Therefore, it is sufficient if a direction is issued to take up the stay petition. Thus, without going into the merits of the case, this Court is inclined to direct the respondent to consider the stay petition filed along with the appeal and pass an order on merits and in accordance with law as early as possible.

5. Accordingly, this writ petition stands disposed of. However, there is no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar maya To

1. The Deputy Commissioner of Labour, D.M.S.Complex, Anna Salai, Teynampet, Chennai - 600 006.

2. EIT Services India Private Limited, Rep by its Manager, Citius - A, Olympia Technology Park, No.1, SIDCO Industries Estate, Guindy, Chennai - 600 032.

+1cc to Mr.T.Gowthaman, Advocate, S.R.No.49242 W.P.No.17861 of 2017 W.M.P.No. 19395 of 2017 SK(CO) CS/27/07/17 https://hcservices.ecourts.gov.in/hcservices/