The Management v. S.Anbhazhagan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 12.01.2023
CORAM
THE HONOURABLE Mrs. JUSTICE J.NISHA BANU The Management, Tamilnadu State Transport Corporation (Villupuram)Ltd., Regional Office, Byepass Road, Venkikkal - 606 604 Thiruvannamalai .... Petitioner vs
1. S.Anbhazhagan
2. The Special Joint Commissioner of Labour (Conciliation), DMS Compound, Chennai.
.... Respondents Writ Petition filed under Article 226 of the constitution of India to issue a Writ of Certiroari to call for the records passed by the 2nd respondent in A.P>no.220 of 2010 dated 31.10.2013 and quash the same. For Petitioner : Mr.Aswin For respondents : No appearance for R1 Mr.S.Ravichandran 1/5
Addl.Govt.Pleader for R2
O R D E R
The Management has filed this writ petition against the order passed by the 2nd respondent in A.P.No.220 of 2020 dated 31.10.2013, rejecting the approval petition.
2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the 2nd respondent. Perused the materials available on record.
3. It is seen from the records that the 1st respondent died and though several opportunity had been given, no steps have been taken by the petitioner to implead the legal representatives on record. Therefore, this Court vide order dated 14.12.2022 directed the Legal Aid Authority to ascertain the whereabouts of the legal heirs of the deceased first respondent.
4. Today, based on the direction of this Court, a report has been filed by the Member Secretary,Tamil Nadu State Legal Services Authority. The said report reads it is stated as follows:
The Hon'ble High Court, was pleased to direct the Tamil Nadu State Legal Service Authority to ascertain the whereabouts of the Legal heirs of the 1st Respondent so as to help them to enjoy the fruits of the order passed in the Industrial Disputes. 2/5
Further, it is submitted that the Tamil Nadu State Legal Service Authority had directed the Secretary, District Legal Services Authority, to ascertain the whereabouts of the Legal heirs of the 1st Respondent. Based on the directions, the Secretary, District Legal Services Authority, Thiruvannamalai has submitted a detailed report which is as follows: "This Authority has deputed one Mr.Karthikeyan, Para Legal Volunteer, Polur to visit the address of the said first respondent as mentioned in writ petition in which he has stated that the first respondent Thiru.S.Anbazhagan has died on 01.10.2013 and his wife Meenakumari is living along with her second daughter named Tmt.Ashakumari at Punjab. Further, Meenakumari First daughter Tmt.K.Lavanya is residing at No.2/154, Banjanai Kovil Street, Chinnaputhur, Vazhihur, Thiruvannamalai. Further he also submitted, the death Certificate and Legal heir Certificate and also furnished the contact number of wife Meenakumari and First daughter Lavanya.
Copies of the Death Certificate, Legal heir Certificate and Adhaar card of Lavanya are submitted herewith"
5. From the above, it is seen that the 1st respondent died leaving behind his wife and two daughters as his legal heirs. Since no steps have been taken by the petitioner, this Writ Petition stands dismissed for default. No costs.
6. Considering the nature of the matter, the Tamilnadu State Legal Service Authority shall do the needful for the legalheirs of the first respondent 3/5
to get the benefits of the order passed by the 2nd respondent in A.P.No.220 of 2020 dated 31.10.2013 and report the same before this Court within a period of four months.
12.01.2023 Index:Yes/No Speaking/Non-speaking order vsi Mark a copy to
1. The Secretary, TN Legal services Authority, High Court, Madras.
To The Special Joint Commissioner of Labour (Conciliation), DMS Compound, Chennai.
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J.NISHA BANU,J.
vsi 12.01.2023 5/5