Dr.R.Jaganathan, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.09.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.Nos.25889 & 25890 of 2024 and W.M.P.Nos.28253, 28254, 28255 & 28256 of 2024 1.Prof.Dr.R.Jaganathan ... Petitioner in W.P.No.25889 of 2024 2.Dr.R.Balagurunathan ... Petitioner in W.P.No.25890 of 2024 Vs.
1.The State of Tamil Nadu, Rep. by its Principal Secretary, Department of Labour Welfare and Skill Development, Fort St.George, Chennai 600 009.
2.The Commissioner of Labour, 33/1a, Venkatanarayana Road, Near Nandanam Signal, CIT Nagar East, Nandanam, Chennai 600 035.
3.The Assistant Commissioner, of Labour (Conciliation), Yercaud Main Road, Near Government Women's Art College, Gorimedu, Salem - 636 008.
4.Periyar University Employees Page No.1 of 4
Union No.1435/SLM, Rep by its General Secretary, Mr.C.Sakthivel.
... Respondents in both W.Ps Prayer in both W.Ps: Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned order of the 1st respondent in G.O.(D).No.559, Labour Welfare & Skill Development (D1) Department dated 05.08.2024 whereby sanction / permission to prosecute the petitioner was granted by the 1st respondent under Section 34(1) of the Industrial Disputes Act, 1947, and quash the same.
In both W.Ps.
For Petitioners : Mr.Godson Swaminathan for M/s.Isaac Chambers For Respondents : Mrs.M.Jayanthy, AGP for R1 to R3 COMMON
ORDER
These Writ Petitions have been filed to issue a Writ of Certiorari, to call for the records relating to the impugned order of the 1st respondent in G.O.(D).No.559, Labour Welfare & Skill Development (D1) Department dated 05.08.2024 whereby sanction / permission to prosecute the petitioner was granted by the 1st respondent under Section 34(1) of the Industrial Disputes Act, 1947, and quash the same. Page No.2 of 4
2. As these Writ Petitions have been filed even before any criminal prosecution has been initiated subsequent to the impugned Government Order, the learned counsel for the petitioners seek permission of this Court to withdraw these Writ Petitions by leaving the grounds open in the event of initiating any subsequent prosecution. He has also made an endorsement to that effect.
3. In view of the above submission and the endorsement made by the learned counsel for the petitioners, the petitioners are permitted to withdraw these Writ Petitions. Accordingly, these Writ Petitions are dismissed as withdrawn, by leaving the grounds open in the event of initiating any subsequent prosecution. No costs. Consequently, connected miscellaneous petitions are closed.
Index : Yes /No 25.09.2024 Speaking / Non-speaking gsk Page No.3 of 4
R.N.MANJULA , J.
gsk To 1.The Principal Secretary, Department of Labour Welfare and Skill Development, Fort St.George, Chennai 600 009.
2.The Commissioner of Labour, 33/1a, Venkatanarayana Road, Near Nandanam Signal, CIT Nagar East, Nandanam, Chennai 600 035.
W.P.Nos.25889 & 25890 of 2024 and W.M.P.Nos.28253, 28254, 28255 & 28256 of 2024 3.The Assistant Commissioner, of Labour (Conciliation), Yercaud Main Road, Near Government Women's Art College, Gorimedu, Salem - 636 008.
4.The General Secretary, Periyar University Employees Union No.1435/SLM, Mr.C.Sakthivel.
25.09.2024 Page No.4 of 4