The Management Of Idpl v. C. Santha Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 13876 of 2020 and W.M.P. No. 17264 of 2020 The Management of IDPL (Tamil Nadu) Ltd Represented by its General Manager (In-charge) Nandambakkam, Chennai - 600 089.

... Petitioner -vs1.C.Santha Kumar 2.K.Kavitha 3.J.Sasikala 4.D.Merlin Anitha 5.P.Pramila 6.M.Umamaheswari 7.S.Yamunadevi 8.P.Vimala 9.M.Priya 10.K.Gajalakshmi 11.P.Sekar 12.P.Ramadoss 13.K.Rajendren 14.K.Ramu 15.P.Krishnamurthy 16.K.Anandan 17.J.Srinivasan 18.D.Shanmugam 19.C.Nagaraj 20.J.Srinivasan 21.V.Sivakumar 22.J.Ramaniah 23.J.Ramanamma 24.C.Kondamma 25.K.Sivakumar 26.R.Gajendran 27.E.Anandan 28.M.Kumar 29.S.Bernard 30.D.Karnan

31.M.Rajendran 32.K.Partheepan 33.The Authority appointed under the Payment of Wages Act and Joint Commissioner of Labour - II Chennai - 600 006.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for records relating to the impugned order dated 30.04.2019 in P.W. No.58 of 2018 passed by the authority appointed under the Payment of Wages Act and Joint Commissioner of Labour II and quash the same.

For Petitioner :Mr. S.Haja Mohideen Gisthi For Respondents:Mr. Balan Haridas (for R1 to R32) Mr. D.Sathyaraj, Special Government Pleader (for R33)

O R D E R

(through video conference) Heard Mr. S.Haja Mohideen Gisthi, Learned Counsel for the Petitioner, Mr. Balan Haridas, Learned Counsel who takes notice for the First to Thirty Second Respondents and Mr. D.Sathyaraj, Learned Special Government Pleader who takes notice appearing for the Thirty Third Respondent and perused the materials placed on record, apart from the pleadings of the parties. 2.

When it is pointed out by the Learned Counsel appearing for the First to Thirty Second Respondents that the Petitioner has got an effective alternative remedy to challenge the order dated 30.04.2019 in P.W. No. 58 of 2018 passed by the Thirty Third Respondent, which is impugned in this Writ Petition, by approaching the Small Causes Court, Chennai under Section 17 of the Payment of Wages Act, 1936, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the aforesaid procedure and he has sent a memo dated 30.09.2020 to that effect through email, which is placed on record.

3.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To The Joint Commissioner of Labour - II, Authority appointed under the Payment of Wages Act, Chennai - 600 006.

+1cc to M/s.S.Haja Mohideen Gisthi, Advocate Sr.32196 +1cc to Mr.Balan Haridas, Advocate Sr.32188 W.P. No. 13876 of 2020 sj[co] srg 15/10/2020