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Madras High CourtWP/1296/2013disposed of

State Of Tamilnadu v. The Presiding Officer

2018-08-29Honourable Dr. Justice S. Vimala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2018

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.NO.1296 of 2013 State of Tamil Nadu rep.by its Secretary to Government Transport Department, Fort St.George Chennai - 600 009.

....

Petitioner Vs

1. The Presiding Officer II Additional Labour Court Chennai.

2. K.V.Babu ....

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of declaration to declare the entertaining of C.P.No.1878 of 2011 dated 10.07.2012 and E.P.No.58 of 2012 dated 08.01.2013 as illegal and as against the provisions of the Industrial Disputes Act, 1947. For Petitioner :

Mr.N.Srinivasan AGP For Respondents :

R1 - Labour Court R2 - N.SUNDARAMURTHY

O R D E R

This writ petition has been filed for a declaration to declare the entertaining of C.P.No.1878 of 2011 dated 10.07.2012 and E.P.No.48 of 2012 dated 08.01.2013 as illegal and as against the provisions of the Industrial Disputes Act, 1947.

2. It is represented by the learned counsel appearing for both sides that as a subsequent development, the government has passed G.O.(Ms) No.96, Transport (RW1) Department dated 31.07.2015. The legal position now is that the workman is entitled to pension in terms of the above G.O.No.96 dated 31.07.2015. Accordingly, the management is directed to calculate the pension in terms of G.O.Ms.No.96 dated 31.07.2015 and it shall be paid to the workman within a period of 12 (twelve) weeks from the date of receipt of a copy of this order. With the above directions, the writ petition is disposed of. No costs. Consequently, connected W.M.P. Is closed. Sd/- Assistant Registrar(CS ) //True Copy// Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

To

1. The Presiding Officer II Additional Labour Court Chennai.

2. The Secretary to Government Transport Department, Fort St.George Chennai - 600 009.

+1 CC TO GOVERNMENT PLEADER SR.NO. 59754 +1cc to Mr.N.SUNDARAMURTHY , Advocate SR.No. 59363 W.P.No.1296 of 2013 ASK(24/10/2018) https://hcservices.ecourts.gov.in/hcservices/