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Madras High CourtWP/10531/2004dismissed for nonprosecution

S.Thomas v. The Chief Inspector Of

2018-06-28Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:28.06.2018 C O R A M THE HON'BLE Mr.JUSTICE P.D.AUDIKESAVALU W.P.No.10531 of 2004 and WPMP No.12311 of 2004 S.Thomas

...Petitioner

vs 1.The Chief Inspector of Factories, Chennai.

2. The Assistant Commissioner of Labour, Conciliation, Kuralagam, Chennai 600 108.

3. The Management, Manali Petro Chemicals Limited, rep. by its Managing Director,

4. The Joint Manager (Operation), Manali Petro Chemicals Limited, Manali, Chennai.

...Respondents

Prayer:Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of certiorarified mandamus to call for the records connected with the order passed by the first respondent in G1/35111/2003 dated 10.02.2004 and the order of transfer passed by the fourth respondent in shift schedule for the month of Sep.2003 and quash both the orders and further direct the third and fourth respondents not to post unqualified persons in any hazardous nature of employment in violation the provisions of the Factories Act 1948.

For petitioner : No Appearance For Respondents : Mr.S.Kamalesh Kannan for R1 Government Advocate (*)For Respondents (3 & 4) : Mrs.Nalini Chidambaram, Senior Counsel for M/s.L.S.M.Hasar Fizal and Ms.C.Uma.

O R D E R

The writ petition has been filed for issuance of a certiorarified mandamus to call for the records connected with the order passed by the first respondent in G1/35111/2003 dated 10.02.2004 and the order of transfer passed by the fourth respondent in shift schedule for the month of September 2003 and quash both the orders and further direct the third and fourth respondents not to post unqualified persons in any hazardous nature of employment in violation of the provisions of the Factories Act 1948.

2.There has been no representation for the petitioner during the earlier hearings on 18.06.2018 and 21.06.2018, as well as today despite the matter being posted under the caption 'For Dismissal'. Hence, the writ petition stands dismissed for non-prosecution.

No costs.

Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar(CO) Dated:13.07.2018 (*)Corrected as per order dated:30.07.2018 in WP.10531/2004 s/dAssistant Registrar(CO) Dated:28.08.2018 True Copy Sub-Assistant Registrar vri To 1.The Chief Inspector of Factories, Chennai.

To be Substituted the order already 2.The Assistant Commissioner of Labour, despatched on Conciliation, 25.07.2018 Kuralagam, Chennai 600 108.

3.The Management, Manali Petro Chemicals Limited, rep. by its Managing Director, 4.The Joint Manager (Operation), Manali Petro Chemicals Limited, Manali, Chennai.

+1 CC to M/s.C. Uma, Advocate sr 51703.

W.P.No.10531 of 2004 NA(CO) SP(16/07/2018) SMI/29.08.2018