M.R.Chockalingam v. The Management

W.A(MD)No.1072 of 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MRS.JUSTICE S.KANNAMMAL W.A(MD)No.1072 of 2012 M.R.Chockalingam ... Appellant/Petitioner Vs.

1.The Management, Rep. by its Managing Director, Sri Ganapathy Mills Company Limited, Sankar Nagar, Tirunelveli.

2.The Presiding Officer, Labour Court, Tirunelveli.

... Respondents/Respondents Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order, dated 25.11.2010 made in W.P(MD)No.5151 of 2006 on the file of this Court.

Prayer in WP(MD). 5151 of 2006 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court pleased to issue a Writ of certiorarified Mandamus calling for the records relating to the impugned order in C.O.NO.248 of 1995 dated 28.9.2005 on the file of the 2nd respondent and quash the same consequently direct the first respondent to provide Rs.14,274.05/- to the petititioner. For Appellant : Mr.K.Samidurai For R - 1 : Mr.M.E.Ilango

JUDGMENT

(Judgment of the Court was delivered by PUSHPA SATHYANARAYANA,J.) This Writ Appeal is directed against the order, dated 25.11.2010 passed in W.P(MD)No.5151 of 2006.

2.The said Writ Petition was filed challenging the impugned order passed in C.P.No.248 of 1995, dated 28.09.2005, on the file of the second respondent/the Presiding Officer, Labour Court, Tirunelveli. The claim was made demanding the wage arrears, LTC, Provident Fund etc., totalling a sum of Rs.14,274.05/-. The Labour https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.A(MD)No.1072 of 2012 Court, Tirunelveli, had dismissed the claim petition. Aggrieved by which, the Writ Petition was filed.

3.In the said Writ Petition, the learned Single Judge had modified the same and passed an order holding that the appellant/writ petitioner was eligible only for a sum of Rs.1,945/-. Aggrieved by the same, the above Writ Appeal was filed in the year 2012.

4.The learned counsel appearing for the appellant would submit that the appellant himself is dead and there is nothing further to adjudicate on the same.

5.Recording the same, the Writ Appeal is dismissed. No costs. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) ps Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To The Presiding Officer, Labour Court, Tirunelveli.

+1 CC to Mr.M.E.ILANGO, Advocate( SR-6637[F] dated 23/02/2021 ) +1 CC to Mr.K.SAMIDURAI, Advocate ( SR-6742[F] dated 23/02/2021 ) W.A(MD)No.1072 of 2012 22.02.2021 VB (03.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2