The Superintending Engineer, v. The Presiding Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2019

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.13868 of 2017 and W.M.P.No.15054 of 2017 The Superintending Engineer, Namakkal Electricity Distribution Circle, Tamil Nadu Distribution and General Corporation, Namakkal, Namakkal District.

.. Petitioner -vs1. The Presiding Officer, Labour Court, Salem.

2. B.R.Ravi .. Respondents Petition under Article 226 of the Constitution of India praying for issuance of Writ of of Certiorari to call for the records of the 1st respondent in C.P.No.3 of 2013 and quash its order dated 09.09.2015.

For Petitioner :

Mr.Anand Gopalan For M/s.T.S.Gopalan & Co.

For Respondents :

R1 - Labour Court :

R2 - No appearance

ORDER

This writ petition is filed to quash the order passed by the Labour Court in C.P.No.3 of 2013, dated 09.09.2015. 2.The claim petition under Section 33(C)(2) of the Industrial Disputes Act, 1947 was filed based on the order passed by the Inspector of Labour, Namakkal dated 03.09.2009 in Na.Ka.No.191/2008.

3.It is brought to the notice of this Court that the order passed by the Inspector of Labour had already been quashed by this Court in W.P.No.30198 of 2016, vide order dated 24.10.2019. https://hcservices.ecourts.gov.in/hcservices/

4.In view of the fact that the order of the Inspector of Labour is quashed, the consequential order passed in the claim petition under Section 33(C)(2) of the Industrial Disputes Act, 1947 cannot be maintained and accordingly, the order dated 09.09.2015 passed in C.P.No.3 of 2013 is quashed and the writ petition stands allowed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar abr To The Presiding Officer, Labour Court, Salem.

+1cc to M/s.T.S.Gopalan & Co., Advocate, S.R.No.92762 W.P.No.13868 of 2017 SPD(CO) CS/13/12/2019 https://hcservices.ecourts.gov.in/hcservices/