The Superintending Engineer v. S.Saravanan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.12286 of 2014 & M.P.No.1 of 2014 The Superintending Engineer, Tirupattur Electricity Distribution Circle, T.N.E.B., Tirupattur - 635 601.

...Petitioner

..Vs..

1.S.Saravanan 2.The Presiding Officer, Additional Labour Court, Vellore District, Vellore.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to the orders passed by the second respondent made in Computation Petition No.51 of 2004 dated 06.05.2010, quash the same.

For Petitioner : Mr.Anand Gopalan for T.S.Gopalan & CO.

For Respondents: Mr.S.T.Varadarajulu (for first respondent) Labour Court-R.2

ORDER

The learned counsel appearing on behalf of the first respondent/ workman made an endorsement in the case bundle that the first respondent/workman is not pressing for the Computation Petition ordered on 06.05.2010 in C.P.No.51/2004, in the event of considering his case under the terms and conditions of 12(3) Settlement dated 10.08.2007 and B.P.No.9 dated 09.01.2008. https://hcservices.ecourts.gov.in/hcservices/

2.In view of the endorsement made by the learned counsel appearing on behalf of the first respondent/workman, the learned counsel appearing on behalf of the Electricity Board made a submission that the Board has no objection with regard to the 12

(3) Settlement dated 10.08.2007 and B.P.No.9 dated 09.01.2008. In view of the submission made, the first respondent/workman is at liberty to submit a fresh representation setting out all facts and circumstances and the documents to the Competent Authority/writ petitioner within a period of four weeks from the date of receipt of copy of this order. On receipt of any such application/representation from the first respondent/ workman the writ petitioner is directed to consider the same in accordance with 12(3) Settlement dated 10.08.2007 and B.P.No.9 dated 09.01.2008 and pass orders on merits and in accordance with law within a period of twelve weeks thereafter. 3.In view of the above directions, the order dated 06.05.2010 passed by the second respondent in C.P.No.51/2004 stands quashed and the writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mrm To The Presiding Officer, Additional Labour Court, Vellore District, Vellore.

+1cc to Mr.S.T.Varadarajulu, Advocate SR.97262 W.P.No.12286 of 2014 RJI(CO) CB(07/01/2020) https://hcservices.ecourts.gov.in/hcservices/