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Madras High CourtWP/25956/2023disposed of

V.M.Sivakumar v. M/S Sri Gnanambal Transport

2023-09-05Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.09.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI V.M.Sivakumar ... Petitioner Vs.

M/s.Sri Gnanambal Transport, Rep. by its Proprietor Chandrasekar, No.18/1, Puliambedu Road, Opp. Blue Dart Courier, Velappanchavady, Chennai - 600 077.

...

Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records of the impugned order in C.P.No.17 of 2021 vide CNR No.TNCHOE0002902020 dated 08.12.2022 on the file of learned II Additional Labour Court at Chennai and quash the same and consequently, to number the I.D. Sr.Rep.10 of 2023. For Petitioner :

Mr.M.Saravana Kumar *****

ORDER

This Writ Petition has been filed seeking for a Writ of Certiorarified 1/4

Mandamus, to call for the records of the impugned order in C.P.No.17 of 2021 vide CNR No.TNCHOE0002902020 dated 08.12.2022 on the file of learned II Additional Labour Court at Chennai and quash the same and consequently, to number the I.D. Sr.Rep.10 of 2023.

2. Since no adverse order has been passed as against the respondent, notice to the respondent is dispensed with.

3. The case of the petitioner is that, the petitioner initially filed a computation petition under Section 33 C(2) of the Industrial Disputes Act, 1947, in C.P.No.17 of 2021, in which, Interlocutory Application in I.A.No.2 of 2022 was filed and the same was allowed, however, the C.P. was dismissed with liberty to the petitioner to file an industrial dispute before the Labour Court. Pursuant to which, the petitioner filed an Industrial Dispute before the Labour Court on 06.01.2023 and the same was not numbered till date. Hence, the petitioner has filed the above writ petition before this Court for appropriate directions.

4. Though very many grounds have been raised in this writ petition, the learned counsel for the petitioner submits that, it would suffice, if this Court 2/4

issues a direction to the Labour Court to number the Industrial Dispute filed by the petitioner, if it is otherwise in order and conclude the same, within a time frame that may be fixed by this Court.

5. Considering the limited relief sought for by the petitioner, this Court, without interfering with the order impugned and expressing any opinion on the merits of the case, directs the Labour Court to number the Industrial Dispute filed by the petitioner, if it is otherwise in order and pass appropriate orders as expeditiously as possible.

6. With the above direction, this Writ Petition is disposed of. No costs. 05.09.2023 Index : Yes / No Speaking order / Nonspeaking order Netrual Citation Case : Yes / No sp To The II Additional Labour Court at Chennai.

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M.DHANDAPANI, J.

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