Bharathiyar University v. Dy.Commissioner Of Labour

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 05-08-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.8481 OF 2002 Bharathiyar University Staff Co-operative Thrift and Credit Societies Ltd., Coimbatore-46, represented by its Special Officer ...

Petitioner -vs1.Deputy Commissioner of Labour, Appellate Authority under Tamil Nadu Payment of Subsistence Allowance Act, Coimbatore.

2.Assistant Commissioner of Labour, Authority under Tamil Nadu Payment of Subsistence Allowance Act, Coimbatore-9.

3.M.Ilankumaran ...

Respondents (R3-Dismissed vide this Court order dated 08/9/09) Writ Petition has been filed, praying for issuance of a writ of certiorari, to call for the records of the first respondent made in A.P.S.A.6/2001, dated 30.11.2001, confirming the order of the second respondent made in PSA.12/99, dated 13.10.2000. For petitioner : Mr.S.Silambanan, Senior Counsel for Mr.N.Umapathi For respondents 1 & 2: Mr.V.Subbiah, Spl.Govt.Pleader.

O R D E R

This Writ Petition was posted on 08.09.2009 in the list, as "batta not paid", to serve on third respondent/private respondent. On that day, this Court directed the advocate concerned to pay batta on or before 01.10.2009 and file proof of compliance, and also observing, that failing which, the petition shall stand dismissed automatically without reference to the Court, and if the batta has not been paid as directed, the writ petition should be listed on https://hcservices.ecourts.gov.in/hcservices/

06.10.2009 for recording dismissal, and even on that day, batta had not been paid. In the light of the same, the Writ Petition against the third respondent has been dismissed.

2. Heard the submissions of the learned Senior Counsel appearing for the petitioner, who would submit that the third respondent was the Secretary of the Co-operative Society and, therefore, he is not entitled to the benefits of Payment of Subsistence Allowance Act.

3. However, in view of the fact that the Writ Petition as against the contesting respondent, namely, third respondent has been dismissed, nothing survives for adjudication as on today. Accordingly, this Writ Petition is dismissed. No costs. However, it is open to the petitioner-management to revive this Writ Petition, as and when occasion arises, in accordance with law. Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar To 1.Deputy Commissioner of Labour, Appellate Authority under Tamil Nadu Payment of Subsistence Allowance Act, Coimbatore.

2.Assistant Commissioner of Labour, Authority under Tamil Nadu Payment of Subsistence Act, Coimbatore-9.

+1 cc to Mr.N.Umapathi Advocate sr.40568 W.P.No.8481/2002 msm(co) aa26/08/2015 https://hcservices.ecourts.gov.in/hcservices/