The Management v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2016

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.A. No.247 of 2016 and C.M.P. No.4210 of 2016 The Management Tamil Nadu State Transport Corporation Ltd.

Villupuram represented by its General Manager Appellant vs.

The Presiding Officer Labour Court Cuddalore N. Veerasamy Respondents Writ Appeal preferred under Clause 15 of the Letters Patent challenging the order dated 07.01.2016 passed in M.P. No.2 of 2014 in W.P. No.31276 of 2014.

Prayer in MP.No.2/2014 in WP.31276/14:Petition praying to grant an order of Interim stay staying the operation of the order passed by the 1st respondent in CP.No.20/2014 dated 24.06.2014 pending disposal of the main Writ Petition. Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records of the order passed by the 1st respondent in CP.No.20/14 dated 24.06.2014 and quash the same as illegal.

For appellant Mr. P. Paramasiva Doss

ORDER

(delivered by SATISH K. AGNIHOTRI, J.) The instant intra-Court appeal is preferred against the order dated 07 January 2016 passed in M.P. No.2 of 2014 in W.P. No.31276 of 2014, whereunder, the appellant Management is directed to deposit a sum of Rs.7 lakhs to the credit of C.P. No.20 of 2014 on the file of the Labour Court, Cuddalore, within a period of four weeks, with permission to the second respondent workman to withdraw a sum of Rs.5 lakhs by filing an appropriate application.

The learned counsel for the appellant Management submits that the appellant Management is ready and willing to deposit a sum of Rs.7 lakhs as directed by the learned Single Judge, however, qua the permission given to the second respondent workman to withdraw a sum of Rs.5 lakhs, the appellant Management seeks modification.

Having regard to the fact of pendency of the writ petition and also partial compliance of the order sought to be impugned in this intra-Court appeal, we are not inclined to make any observation. However, liberty is reserved to the appellant Management to make an appropriate application before the learned Single Judge in the pending writ petition, seeking modification, if so advised. If such an application is made by the appellant Management, the Registry is directed to list the same before the learned Single Judge.

The intra-Court appeal stands disposed of with the above observation and direction. Costs made easy. Connected C.M.P. is closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar cad

To 1.The Section Officer, Writ Section, high Court Madras +1 cc to Mr.P.Paramasiva Doss Advocate sr.15531/16 W.A. No.247 of 2016 aa22/03/2016