P.Balaji v. The Joint Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2015

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM WP.No.40413 of 2015 P.Balaji ... Petitioner

Versus

1. The Joint Secretary, Industrial Department, Secretariat, Chennai-600 009.

2. The Chairman & Managing Director, The Management of Southern Structural Ltd., Pattabiram, Chennai-72.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus to direct the second respondent management to comply the order of the I Additional Labour Court, Chennai vide I.D.No.97 of 1994 dated 19.02.2004.

For Petitioner : Mr.K.Jayaraman For R1 : Mr.S.Diwakar, Additional Government Pleader

O R D E R

Heard Mr.K.Jayaraman, learned counsel appearing for the petitioner, Mr.S.Diwakar, learned Additional Government Pleader, who accepts notice on behalf of the first respondent and with their consent, the writ petition is taken up for final disposal. https://hcservices.ecourts.gov.in/hcservices/

2. The petitioner has filed the present writ petition seeking for issuance of a writ of mandamus to direct the second respondent management, to consider the petitioner's representation so as to comply the award passed by the I Additional Labour Court, Chennai in I.D.No.97 of 1994 dated 19.02.2004.

3. Since the writ petition is disposed of without notice to the second respondent, the merits of the allegations made by the petitioner are not gone into and left open to be considered by the Competent Authority.

4. In the light of the above, the writ petition is disposed of, by directing the second respondent to consider the petitioner's representation dated 12.10.2015, sent by 'speed post' and pass orders on merits and in accordance with law, after notice to the petitioner and the third parties if any, within a period of three weeks from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar dn To

1. The Joint Secretary, Industrial Department, Secretariat, Chennai-600 009.

2. The Chairman & Managing Director, The Management of Southern Structural Ltd., Pattabiram, Chennai-72.

+1cc to the Government Pleader, S.R.No.69660 W.P.No.40413 of 2015 KGK(CO) CA(18/01/2016) https://hcservices.ecourts.gov.in/hcservices/