Madras High CourtREV.APPL/48/2016allowed

The Deputy General Manager v. M.Gowrishankar

2016-06-17Honourable Mr Justice Huluvadi G. Ramesh,Honourable Mr Justice M.V. Muralidaran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.6.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Review Application Nos.48 and 49 of 2016 and C.M.P.Nos.6591, 5523 and 6592 of 2016

1. The Deputy General Manager (SME) State Bank of India, Local Head Office, Circle Top House, 16 College Lane, Chennai 600 006.

2. The Assistant General Manager, State Bank of India, Mylapore Branch, Chennai 600 004.

Petitioners

Versus

1. M.Gowrishankar

2. The Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, Chennai.

Respondents Prayer: Review Application filed under Order 47 Rule 1 of CPC read with section 114 of CPC seeking to review the judgment dated 4.2.2016 made in W.A.Nos.884 of 2015 and 116 of 2016, on the file of this court. For petitioners : Mr.G.Masilamani, Senior Counsel for M/s.T.S.Gopalan & Co.

For R1 : Mr.N.G.R.Prasad for Mr.R.Sankarasubbu

COMMON ORDER (Order of the court was made by HULUVADI G.RAMESH, J.) Heard the learned Senior Counsel appearing for the review petitioners and the learned counsel appearing for the first respondent for some time.

2. On perusal of the order sheet in Writ Appeal No.116 of 2016, we do not find any order directing notice to be served on the applicants herein viz., the respondents in Writ Appeal No.116 of 2016. Therefore, we are of the view that for giving sufficient opportunity, the review applications have to be allowed and the writ appeals have to be restored to file.

3. Accordingly, the review applications are allowed. The writ appeal Nos.884 of 2015 and 116 of 2016 are restored to file and to that extent the common judgment delivered in the writ appeals in question is set aside, provided the review applicants shall pay the 17B wages to the first respondent/appellant in the writ appeals, till the disposal of the writ appeals and shall pay the arrears of such wages within a period of one week from the date of receipt of copy of this order. The writ appeals shall be listed after a period of two weeks. In the meanwhile, the first respondent herein/appellant shall serve notice on the appellants herein viz., the respondents in the writ appeals through court as well as privately. No costs. The connected miscellaneous petitions are closed. (H.G.R.,J.)(M.V.M.,J.) Index:Yes/No 17.6.2016 Internet:Yes/No ssk.

HULUVADI G. RAMESH, J.

AND M.V.MURALIDARAN, J.

ssk.

To:

The Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, Chennai.

Review Appln. Nos.48 & 49 of 2016 17.6.2016.