R.Jayalakshmi v. The Management Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22-11-2022

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM And WMP No.26806 of 2017 1.R.Jayalakshmi 2.N.Sudha 3.B.Nirmala 4.R.Sujatha ..

Petitioners in WP 23107 of 2017 Chairman-cum-Managing Director, Hindustan Photo Films Manufacturing Company Ltd., Hindu Nagar (PO), The Nilgiris - 643 005. ..

Petitioner in WP 25368 of 2017 vs.

The Management Represented by its Chairman-cum-Managing Director, Hindustan Photo Films Manufacturing Company Ltd., Hindu Nagar (PO), The Nilgiris - 643 005. ..

Respondent in WP 23107 of 2017 1/6

1.The Deputy Director, Industrial Safety and Health, The Nilgiris.

2.Mrs.P.Nirmala 3.Mrs.P.Sujatha ..

Respondents in WP 25368 of 2017 WP 23107 of 2017 is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondent to treat the petitioners as regular employees/permanent employees of the respondent-Company with effect from 01.10.2010 as against the first and second petitioners and 16.02.2013 as against third and fourth petitioners in order to get the VRS benefits at the rate of 2007 Notional Pay Scale to the petitioners payable to other or remaining employees or any other VRS applicable and eligible to the remaining permanent/regular workers in the case of acceptance of VRS application submitted by the employees.

WP 25368 of 2017 is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records relating to the order dated 27.03.2017, passed by the Deputy Director of Industrial Safety and Health, Udhagamandalam, The Nilgiris, the first respondent herein, in Na.Ka.No.A/451 of 2016 and quash the same. 2/6

For Petitioners in WP 23107/17 and for R-2 and R-3 in WP : Ms.T.Kalpana Devi for 25368/17 Mr.V.Sivakumar. For Respondent in WP 23107/17 and for Petitioner in WP 25368 of 2017 : Mr.T.R.Sathyamohan For Respondent-1 in WP 25368/17: Mr.R.P.Murugan Raja, Government Advocate.

C O M M O N O R D E R The learned counsel for the petitioners in WP 23107 of 2017 and the learned counsel appearing on behalf of the respondents 2 and 3 in WP 25368 of 2017 brought to the notice of this Court that Official Liquidator was appointed to administer the respondent-Management in WP 23107 of 2017 and the petitioner-Management in WP 25368 of 2017. Thus the petitioners in WP 23107 of 2017 and the the respondents 2 and 3 in WP 25368 of 2017 are at liberty to file their respective claims before the Official Liquidator for redressing their grievances.

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2. With the abovesaid liberty, the writ petitions stand disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

22-11-2022 Index : Yes/No.

Internet : Yes/No.

Speaking Order/Non-Speaking Order.

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To 1.The Deputy Director, Industrial Safety and Health, The Nilgiris.

2.The Chairman-cum-Managing Director, Hindustan Photo Films Manufacturing Company Ltd., Hindu Nagar (PO), The Nilgiris - 643 005.

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S.M.SUBRAMANIAM, J.

Svn WPs 23107 and 25368 of 2017 22-11-2022 6/6