R.Jothi, v. The Assistant Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI R.Jothi

...Petitioner

Vs

1. The Assistant Commissioner of Labour, Office of the Deputy Commissioner of Labour-I, Teynampet, Chennai-6.

2. The Special Officer, Triplicane Urban Co-operative Stores, No.156, Big Street, Triplicane, Chennai-5.

...Respondents

The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus to direct the second respondent to implement the order of the first respondent dated 21.07.2015 and thereby directing the second respondent to disburse the subsistence allowance due to the petitioner from 01.07.2013 to 31.05.2014 with interest within the time frame.

For Petitioner : Mr.T.Sivagnanasambandan 1/4

For Respondents : Mr.L.P.Shanmugasundaram R2 Mr.M.S.Prem kumar, GA R1

ORDER

The petition has been filed seeking a direction to the second respondent to implement the order of the first respondent dated 21.07.2015 and thereby directing the second respondent to disburse the subsistence allowance due to the petitioner from 01.07.2013 to 31.05.2014 with interest within the time frame.

2. It is the case of the petitioner that on 21.07.2015, the Labour Court was pleased to order to pay the subsistence allowance to the tune of Rs.1,18,624/-. The second respondent has not chosen to implement the order of the first respondent. To implement the said order, the petitioner has filed the present petition.

3. The learned counsel for the petitioner submitted that this Court may direct the respondents to implement the order of the Labour Court dated 21.07.2015 within the reasonable time as fixed by this Court. 2/4

4. Heard the learned counsel on either side and perused the materials available on record.

5. Considering the facts and circumstances of the case and in view of the limited request made by the learned counsel for the petitioner, this Court directs the respondents to implement the order passed by the Labour Court dated 21.07.2015 within a period of eight weeks from the date of receipt of a copy of this order, if there is no legal impediment.

6. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed. 12.07.2023 rli Index: yes / no Internet : yes / no Speaking / Non speaking order M.DHANDAPANI, J.

rli 3/4

To

1. The Assistant Commissioner of Labour, Office of the Deputy Commissioner of Labour-I, Teynampet, Chennai-6.

2. The Special Officer, Triplicane Urban Co-operative Stores, No.156, Big Street, Triplicane, Chennai-5.

12.07.2023 4/4