Madras High CourtWP(MD)/12163/2010closed

The Madurai District Co-Op. v. The Presiding Officer,

2019-09-24Honourable Mr Justice S.S. Sundar2 pages

W.P.(MD).No.12163 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2019

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.12163 of 2010 and M.P.(MD) No.2 of 2010 The Madurai District Cooperative Spinning Mills Ltd., Melur, Madurai District, Represented by Administrator In-charge T.Susila.

.. Petitioner Vs.

1.The Presiding Officer, Labour Court, District Court Complex, Madurai - 625 020.

2.K.C.Madhavan .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari calling for the records pertaining to impugned award, dated 04.02.2010, in CP No.25 of 2001 and CP No.26 of 2001 on the file of the first respondent and quash the same.

For Petitioner : Mr.G.Manivannan For Respondent 2 : Mr.P.Sesubalan ***

O R D E R

This Writ Petition is filed challenging the order of Labour Court in the claim petitions preferred by the Workman who is the second respondent in this Writ Petition.

2.The learned Counsel appearing for the petitioner, of course, convinced this Court that the claim petitions filed by the second respondent under Section 33(c)(2) of the Industrial Dispute Act is not maintainable. However, the learned Counsel appearing for the second respondent produced before this Court the proceedings of the Director of Handlooms and Textiles, Chennai, dated 12.02.2019 to show that the Liquidator of the Madurai District Cooperative Spinning Mills was permitted to disburse the cheque to the second respondent in terms of the award in Claim Petition Nos.25 and 26 of https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.12163 of 2010 2001. It is admitted by the second respondent that a sum of Rs.2,99,754/-, which is the amount due as per the award in Claim Petition Nos.25 and 26 of 2001, had been received. He has also acknowledged that no amount is due to the second respondent. In such circumstances, this Court is of the view that no further adjudication is necessary in this Writ Petition and accordingly, this Writ Petition is closed. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (w) // True Copy // Sub Assistant Registrar(CS) SRM To The Presiding Officer, Labour Court, District Court Complex, Madurai - 625 020.

ORDER MADE IN W.P.(MD).No.12163 of 2010 24.09.2019 KK/SAR/23.10.2019/2P-2C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2