The Management Of Myoung Shin India Automotive Pvt Ltd v. State Oftamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD W.A.No.2282 of 2018 and C.M.P.No.18244 of 2018 The Management of Myoung Shin India Automotive Pvt. Ltd., Rep. by its Authorized Signatory -T.Ramkumar, No.496/2, Mannur Village, Valarpuram Post, Sriperumbudur Taluk, Kanchipuram District.

.. Appellant Vs.

1. State of Tamil Nadu, Represented by the Secretary, Labour and Employment Department, Secretariat, Chennai - 600 009.

2. The Joint Director, Industrial Safety and Health, Kancheepuram, No.A-28, Thiru.Vi.Ka.Industrial Estate, TANSI Corporation Office Building, 1st Floor, Guindy, Chennai - 32.

3. The Assistant Commissioner of Labour, Sriperambudur, Kancheepuram District.

4. Podhu Thozhilalar Sangam (Regn.No.504/CPT) Rep. by its General Secretary, Mr.S.Kannan, No.77, 2nd Floor, AJ Complex, Sriperumbudur - 602 105, Kancheepuram District.

.. Respondents Prayer: Writ Appeal filed under Clause 15 of Letters Patent against the interim order of this Court, dated 08.10.2018, made in W.M.P.No.30358 of 2018 in W.P.No.26290 of 2018. Writ Petitions under Article 226 of the Constitution of India, praying that in these circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to

1.

issue a Writ of Mandamus directing the respondents 1 to 3 to take necessary action against the 4th respondent management for violating the labour laws and to ensure that the 4th respondent is following the labour laws with strict adherence (in WP.26290 of 2018) and 2.

to pass an order of interim direction directing the respondents 1 to 3 to implement the factory laws and other Labour Laws with strict adherence in the 4th Respondent company (in WMP.No.30358 of 2018) respectively pending WP.No.26290 of 2018.

For Appellant : Mr.S.Ravindran, SC for Mr.M.Elangovan - - - - - J U D G E M E N T (Judgement of the Court was made by S.MANIKUMAR, J.) Instant writ appeal is directed against an interim order made by the Writ Court in W.M.P.No.30358 of 2018 in W.P.No.26290 of 2018, dated 08.10.2018.

2. On this day, when the matter came up for hearing, Mr.S.Ravindran, learned senior counsel appearing for the appellant, seeks permission of this Court to withdraw the writ appeal with liberty to file an application under Article 226(3) of the Constitution of India or to take an appropriate petition for modification of the order made in W.M.P.No.30358 of 2018 in W.P.No.26290 of 2018, dated 08.10.2018.

3. Permission granted and the writ appeal is dismissed as withdrawn. No Costs. Consequently, the connected civil miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar kk To

1. The Secretary, Labour and Employment Department, Secretariat, Chennai - 600 009.

2. The Joint Director, Industrial Safety and Health, Kancheepuram, No.A-28, Thiru.Vi.Ka.Industrial Estate, TANSI Corporation Office Building, 1st Floor, Guindy, Chennai - 32.

3. The Assistant Commissioner of Labour, Sriperambudur, Kancheepuram District.

W.A.No.2282 of 2018 and C.M.P.No.18244 of 2018 PPA(Co) CS/29/11/2018