The Commissioner, v. The Pressiding Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN W.A.No.1208 of 2016, CMP Nos.15484 of 2016 and The Commissioner Walajabad Panchayat Union Walajabad, Kancheepuram District.

.... Appellant -vs1.M.Gajendran 2.The Presiding Officer, I Additional Labour Court, Chennai - 104.

.... Respondents PRAYER: Writ Appeal filed under Clause 15 of Letters Patent against the order passed in W.P No.31238 of 2016 dated 09.09.2016. Writ petition filed under Article 226 of the constitution of India for a writ of certiorari, calling for the records of the order passed in E.P.NO.16 of 2016 in C.P.NO.611 of 2014, dated 17.08.2016 passed by the 2nd respondent and quash the same.

For Appellant :

No appearance For Respondents:

Mr.S.Ravi for R1

J U D G M E N T

[Judgment of the Court was delivered by K.K.SASIDHARAN,J.] None appears on behalf of the appellant. Even on 6 March 2018, there was no representation on behalf of the appellant. However, taking into account the submission made on behalf of the learned counsel for the first respondent that the first respondent died on 18 September 2017, we have adjourned the matter so as to enable the appellant to take appropriate application to implead the legal representatives of the first respondent. The course of conduct adopted by the appellant indicates that the appellant is not interested to prosecute the appeal.

2. The learned counsel representing the legal heirs of the first respondent submitted that in view of the finality https://hcservices.ecourts.gov.in/hcservices/

attached to the order passed by the Labour Court, the legal representatives should be permitted to withdraw the amount from the Labour Court, which was deposited by the appellant pursuant to the interim order granted by this Court. It is always open to the legal heirs of the first respondent to approach the Labour Court for appropriate relief for payment.

3. The intra court appeal is closed on account of abatement. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar svki To The Presiding Officer, I Additional Labour Court, Chennai - 104.

+ 1 cc to Mr. S. Ravi, Advocate SR.48434 W.A.No.1208 of 2016 PA(CO) EU(14/08/2018) https://hcservices.ecourts.gov.in/hcservices/