Tamilnadu State Transport v. The Assistant Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.6622 of 2014 and M.P No.1 of 2014 Tamilnadu State Transport Corporation (Salem) Ltd, Rep by General Manager, No.12, Ramakrishna Road, Salem.

... Petitioner -vs1. The Assistant Commissioner of Labour, Salem.

2. The Joint Commissioner of Labour, Coimbatore.

3. K.Chinnapaiyan.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari to call for the records in proceeding pursuant to the order passed in AGA. No.2 of 2012 dated 21.04.2013, on the file of the 2nd respondent, and quash the same.

For Petitioner : Mr.D.Raghu For Respondents : Mr.K.V.Shanmuganathan (R3) Mr.LSM.Hasan Fizal (R1 and R2)

O R D E R

When the matter is taken up for hearing, Mr.K.V.Shanmuganathan learned counsel appearing for the third respondent/employee submitted that the employee is no more and the payment of gratuity which has been adjudicated and deposited by the authority have been withdrawn.

2. Therefore, even if this Writ Petition is allowed, it would be very difficult for the Transport Corporation to recover the gratuity amount. Since, the third respondent/employee is no https://hcservices.ecourts.gov.in/hcservices/

more, no orders are required in this Writ Petition.

3. In view of the same, this Writ Petition stands closed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar arr To

1. The Assistant Commissioner of Labour, Salem.

2. The Joint Commissioner of Labour, Coimbatore.

+1cc to Mr.D.Raghu, Advocate, S.R.No.29694 +1cc to the Government Pleader, S.R.No.30215 W.P.No.6622 of 2014 GPL(CO) RLP(20/07/2021) https://hcservices.ecourts.gov.in/hcservices/