Venugopalaswamy Kainkaryam Trust v. Joint Commissioner Of Labour And
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD)No.1844 of 2020 Venugopalaswamy Kainkaryam Trust, Represented by its Managing Trustee / Authorised person, No.26, Radhakrishnan Salai, 9th Street Mylapore, Chennai - 600 004.
... Petitioner Vs.
1. The Joint Commissioner of Labour and the Commissioner of Employees Compensation, Tiruchirappalli.
2. S.Sakthivel
3. Chandra
4. Siva 5 Kanishka
6. Rasammal
7. Thenmozhi
8. Hemalatha
9. Roopavathi
10. Kamalakannan
11. Bhuvaneshwari
12. Perumayi
13. P.Sakthivel
14. Mohan
15. Thamizarasi
16. Seethalakshmi Construction, Represented by its owner C.M.Hari Prasad, 70 North Chitharai Street, Srirangam, Trichy - 6.
17. C.M.Hariprasad
18. Sundar Rajan
19. Rango Rao
20. The Administrative Officer / joint Commissioner, Arulmigu Aranganathar Thirukkoil, Srirangam, Trichy (T.A.114/2017).
... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, calling for the records of the first respondent in I.A.Nos.198, 199, 200, 201 and 202 of 2017 in W.C.Nos.54, 55, 56, 58 and 76 of 2016, quash the order dated 10.04.2019. For Petitioner :
M/s.T.S.Gopalan and Co For Respondents :
Mr.G.V.Vairam Santhosh Addl. Govt. Pleader for R1 Mr.R.Mohammed Riyaz for R2 to R5 and R13 Mr.J.Vishnu for R7-R11,R14&R15 Mr.V.Illam Chezhiyan for R17 Mr.M.Saravanan for R20 R12, R16, R18 & R19 - unserved
O R D E R
The impugned order passed by the first respondent in I.A.Nos. 198, 199, 200, 201 and 202 of 2017 in W.C.Nos.54, 55, 56, 58 and 76 of 2016 dated 10.04.2019, is under challenge in the present Writ Petition.
2. The learned counsel appearing for the petitioner would submit that the petitioner is a Public Charitable Trust and one of the objectives of the Trust is conservation, renovation and restoration work inside the temple. While so, on 23.12.2015, there was an accident in the Arulmigu
Aranganathar Swamy Temple, Srirangam, Trichy, as a result of which, three of them died and two got injured. Hence, the legal heirs of the deceased and the two injured workmen filed applications under Section 4 of the Employees Compensation Act before the first respondent. Thereafter, they filed impleading petition impleading the petitioner as one of the party and the said impleading petition was allowed. Challenging the same, the present Writ Petition.
3. The learned counsel appearing for the petitioner would further submit that the main E.C. itself is dismissed for non-prosecution on 24.11.2022 and hence, nothing survives for further adjudication.
4. Accordingly, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petition is closed. 09.01.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji
To
1. The Joint Commissioner of Labour and the Commissioner of Employees Compensation, Tiruchirappalli.
2. The Administrative Officer / joint Commissioner, Arulmigu Aranganathar Thirukkoil, Srirangam, Trichy (T.A.114/2017).
M.DHANDAPANI,J.
vji and W.M.P.(MD)No.1844 of 2020 09.01.2023