The General Manager v. A.Palaniappan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA The General Manager Tamilnadu State Transport Corporation (Coimbatore) Limited, Erode Region, Chennimalai Road, Erode - 638 001.

... Petitioner Vs.

A.Palaniappan ... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records pertaining to the orders dated 09.04.2021 in D.No.2142/2019 in C.P.No.54/2011 on the file of the Labour Court, Salem and quash the same.

For Petitioner : Mr.M.Murali Vinodh For Respondent : Mr.K.M.Ramesh, Senior Counsel

ORDER

Challenging the return of the petition filed under Section 11(3) of the Industrial Disputes Act, 1947 read with Sections 35 & 43 of the 1/4

Tamilnadu Industrial Disputes Rules, 1950 in C.P.No.54/2011, the Tamilnadu State Transport Corporation (Coimbatore) Limited, represented by its General Manager has filed the present writ petition.

2. The respondent / workman filed a computation petition in C.P.No.54/2011 in which the writ petitioner filed a detailed counter. The trial in the said proceedings had already commenced and the present writ petitioner filed a petition to take up the issue with regard to the maintainability of C.P.No.54/2011 and decide the same at first. The said petition was returned by the Presiding Officer, Labour Court, Salem for explaining the maintainability of the said petition since the trial had commenced and it is in part-heard stage.

3. It is seen from the records that the present writ petitioner has participated in the proceedings by way of filing a counter and it is also in part-heard stage. In order to ensure speedy disposal the Labour Court can always answer the maintainability issue along with other issues in C.P.No.54/2011.

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4. Accordingly, this Writ Petition is dismissed as devoid of merits. No costs. Consequently, connected Writ Miscellaneous Petition is closed.

19.12.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl 3/4

R. HEMALATHA, J.

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