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Madras High CourtWP/17217/2020closed

.Kannan v. Government Of Tamilnadu

2023-09-26Honourable Mr Justice M.Dhandapani8 pages

M.DHANDAPANI., J.

This matter is listed under the caption "For Being Mentioned" at the instance of the learned counsel for the petitioner.

2. Learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the Learned Judicial Magistrate, Illupur to close the complaint pursuant to the orders passed by the Government seeking closure of Criminal case in S.T.C.784 of 2020 and subsequently, discharge all the accused and thereby, sought necessary correction in para-3 of the order dated 26.09.2023.

3. After perusing the order dated 26.09.2023, more specifically, para-3, this Court is satisfied and, accordingly, para-3 of the order dated 26.09.2023, would stand substituted with the following paragraph:- "3. In view of the above, nothing survives for further adjudication in these Petitions and the matter has become infructuous. However, there shall be a direction to the learned Judicial Magistrate, Illuppur to close the complaint pursuant to the orders passed by the Government seeking closure of Criminal case in S.T.C.784 of 2020 and discharge all the accused and the management is directed not to deduct any amount towards TDS from the amount of settlement arrived by the management towards compensation."

M.DHANDAPANI., J.

skt

4. All the other observations and conditions in the earlier order dated 26.09.2023 shall remain intact except for the above said correction.

5. Registry is directed to carry out the necessary correction as aforesaid in the order dated 26.09.2023 and issue fresh copy of the order to the learned counsel for the parties.

27.09.2023 skt

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.13725, 13672, 13688, 13740, 13664, 21271, 21276, 21287, 21278, 21838 & 21839 of 2020, 23153, 23158, 23156, 23147, 380, 381, 385, 387, 389, 390, 393, 393, 395, 396 of 2021 & 31967, 31967, 31974, 31978 & 31996 of 2022 1.S.kannan .. Petitioner in W.P.No.17217 of 2020 2.Harish Lakshman .. Petitioner in W.P.No.17220 of 2020

3. G.parthipan .. Petitioner in W.P.No.17221 of 2020

4. The Management Rane TRW Steering Systems Private Limited Boothakudi Village, Viralimalai-621 316, Pudukottai District, Represented by its General Manager-Operations Mr.S.Kannan .. Petitioner in W.P.No.17225 of 2020

5. K.Sudhakar .. Petitioner in W.P.No.17612 of 2020 Vs.

1.The Government of Tamil Nadu Department of Labour and Employment Represented by Secretary to Government Chennai-600 009.

2. ViralimalaiRane TRW Systems Limited Employees Union (affiliated to AITUC) (Reg No.272/PDK) Rane TRW Steering Systems Private Limited, Boothakudi Village, Viralimalai-621 316, Pudukkottai District, Represented by its General Secretary, Mr.K.Mookan.

3. The Assistant Commissioner of Labour Enforcement, Trichy Integrated Labour Department Campus, Sengulam Colony, Mannarpuram, Tiruchirappalli-620 020.

4. Mr.Arokiyam

5. Deputy Commissioner of Labour (Trichy) Integrated Labour Department Campus, Sengulam Colony, Mannarpuram, Tiruchirapalli-620 020.

.. Respondents (in all petitions) Prayer in W.P.No.17217 of 2020: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ, Order or Direction in the nature of a Writ of Certiorari and call for the records in the impugned order being Government Order in G.O.(D).No.517 dated 17.10.2020 passed by the 1st Respondent and quash the same.

Prayer in W.P.No.17220 of 2020: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ, Order or Direction in the nature of a Writ of Certiorari and call for the records in the impugned order being Government Order in G.O.(D).No.517 dated 17.10.2020 passed by the 1st Respondent and quash the same.

Prayer in W.P.No.17221 of 2020: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ, Order or Direction in the nature of a Writ of Certiorari and call for the records in the impugned order being Government Order in G.O.(D).No.517 dated 17.10.2020 passed by the 1st Respondent and quash the same.

Prayer in W.P.No.17225 of 2020: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ, Order or Direction in the nature of a Writ of Certiorari and call for the records in the impugned order being Government Order in G.O.(D).No.517 dated 17.10.2020 passed by the 1st Respondent and quash the same.

Prayer in W.P.No.17612 of 2020: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ, Order or Direction in the nature of a Writ of Certiorari and call for the records in the impugned order being Government Order in G.O.(D).No.517 dated 17.10.2020 passed by the 1st Respondent and quash the same.

In all Petitions:

For petitioner : Mr.Sanjay Mohan for Mr.S.Ramasubramanian & Associates.

For Respondents : Mr.V.Ravi, Special Government Pleader for R1, R3 & R5 : Mr.Balan Haridas for R2 : Mr.K.M.Ramesh, Senior Counsel for Mr.R.Subramani for R4

COMMON ORDER Assailing the impugned G.O.(D).No.517 dated 17.10.2020, the above Writ Petitions have been filed.

2. When the matter is taken up, learned Senior Counsel for the petitioner submitted that during the pendency of these Writ Petitions, the matter was amicably settled between the parties and filed a joint memo of compromise stating that the management has agreed to settle the various amounts of compensation to the workmen. The memo is recorded which shall form a part and parcel of the records relating to the above Writ Petitions.

3. In view of the above, nothing survives for further adjudication in these Petitions and the matter has become infructuous. However, there shall be a direction to the learned Judicial Magistrate, Illuppur to close the complaint filed on behalf of the Government, pursuant to the orders passed in Criminal Case S.T.C.784 of 2020 and the management is directed not to deduct any amount towards TDS from the amount of settlement arrived by the management towards compensation.

4. Accordingly, the above Writ Petitions are closed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

26.09.2023 Index : Yes / No Speaking order / Non-speaking order NHS Note to Office:

Issue order copy on 26.09.2023

M.DHANDAPANI, J.

NHS W.P.Nos.17217, 17220, 17221, 17225 & 17612 of 2020 26.09.2023