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Madras High CourtWP/24840/2021allowed

Amit Kumar Upadhyay v. The Appellate Authority

2025-06-12Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.06.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 24840 of 2021 & W.M.P.No. 26124 of 2021 Amit Kumar Upadhyay

...Petitioner

Vs.

1.The Appellate Authority Under Tamil Nadu Shops & Establishment Act 1947 (The Special Joint Commissioner of Labour) (Special Deputy Commissioner of Labour) / Chennai Commissionerate of Labour, DMS Complex, Teynampet, Chennai - 600006.

2.The Chairman & Managing Director (CMD), Board of Directors and Management of Jai Balaji Industries Limited, First Floor, Jajodia Mansion, No.5, Bentinck Street, Kolkata - 700001.

3.Varun Jajodia 4.Bivash Chakraborty

...Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the records pertaining to the order dated 08.10.2021 passed by the 1st respondent in TNSE/I/I.A.2/2021 and quash the same.

For Petitioner :

Mr.Amit Kumar Upadhyay Party in Person For Respondent 1:

Mr. M.Murali For Respondents :

Mr. K.V.Shanmuganathan 2 to 4.

O R D E R

Considering the fact that the impugned order is a non speaking order where the authority has not considered any of the defences which has been raised by the writ petitioner, the impugned order is set aside. The matter is remitted back to the 1st respondent for fresh consideration and pass order.

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2. The Writ Petition is allowed. Consequently, the connected miscellaneous petition is closed. No costs.

12.06.2025 Index : Yes/No Internet : Yes/No kan 3/5

To 1.The Appellate Authority Under Tamil Nadu Shops & Establishment Act 1947 (The Special Joint Commissioner of Labour) (Special Deputy Commissioner of Labour) / Chennai Commissionerate of Labour, DMS Complex, Teynampet, Chennai - 600006.

2.The Chairman & Managing Director (CMD), Board of Directors and Management of Jai Balaji Industries Limited, First Floor, Jajodia Mansion, No.5, Bentinck Street, Kolkata - 700001.

P.T. ASHA, J, 4/5

kan W.P.No. 24840 of 2021 12.06.2025 5/5