Dunlop India Limited v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2021

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 31376 of 2012 and M.P. No. 1 of 2012 Dunlop India Limited, No.512, M.T.H. Road, Ambattur, Channei - 600053.

Rep. by its Authorised Signatory ... Petitioner -vs1.The Presiding Officer, Second Additional Labour Court, Chennai.

2.Shanthi Nathan 3.Bharathi Nathan 4.Indumathy Nathan ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the entire records in order in C.P.No. 593 of 2001 dated 30th August 2012, on the file of the 1st Respondent herein and quash the same as illegal, incompetent and without jurisdiction.

For Petitioner : Mr. V.Raghavachari For Respondents: R1 - Court No Appearance (for R-2 to R-4)

O R D E R

(through video conference) Heard Mr. V.Raghavachari, Learned Counsel for the Petitioner and perused the materials placed on record, apart from the pleadings of the parties.

2.

There is no representation for the Second to Fourth Respondents when the matter is called today.

3.

Learned Counsel for the Petitioner has filed a memo dated 23.08.2021, in which it has been held as follows:- "1.

This Writ Petition was filed by the Petitioner Company in the year 2012. Ever since then the whole dynamic of the Company has changed. Way back in 2008 a Company Petition was filed in the High Court of Calcutta for winding up of the Company. The Petitioner Company is facing a sad state of affairs in its administration and management, as the Company has been unable to pay its workers and employees for many years and many of its factories have remained shut for decades.

2.Further, on 31.01.2013, Hon'ble Justice Sanjib Banerjee, in his very precise order has directed the Petitioner Company to be wound up and an official liquidator had been appointed to take responsibility of all the books, records, documents, assets and transactions of the Company. The order of the Calcutta High Court has been enclosed herewith. 3.

Due to the aforementioned order, the Petitioner is no more the competent person to maintain this Writ Petition. Hence, it is therefore prayed that this Hon'ble Court may take this into consideration and pass suitable and appropriate orders and thereby render justice."

The copy of the order dated 31.01.2013 in C.A. No. 110 of 2011 etc., batch passed by the High Court of Judicature at Calcutta has also been produced. In view of the aforesaid subsequent events, Mr. Chander Kothari, Managing Director of the Company of the Petitioner, at the time of filing of the Writ Petition, cannot prosecute the matter on its behalf. No purpose would be served in keeping the Writ Petition pending without any further steps having been taken in that regard to proceed further. However, this would not preclude the concerned person authorized to represent the Petitioner from applying for reviving the Writ Petition in accordance with law. It is needless to add here that the Second to Fourth Respondents are entitled to work out their rights for recovering the amount from the Petitioner under the impugned order dated 30.08.2012 in C.P. No. 593 of 2001 passed by the II Additional Labour Court, Chennai, following the procedure prescribed by law.

In the result, the Writ Petition is dismissed with the aforesaid clarification.

Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar dm/kv To The Presiding Officer, Second Additional Labour Court, Chennai.

W.P. No. 31376 of 2012 PP(CO) CB(03/09/2021)