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Madras High CourtWA(MD)/151/2013dismissed

The Management v. The Presiding Officer

2020-12-02Honourable Mr Justice N. Kirubakaran,Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02.12.2020

CORAM

THE HON'BLE Mr. JUSTICE N.KIRUBAKARAN AND THE HON'BLE Mr. JUSTICE B.PUGALENDHI W.A.(MD)Nos.151 and 152 of 2013 and MP(MD)No.1 of 2013 in WA(MD)No.151 of 2013 and MP(MD)Nos.1 and 2 of 2013 in WA(MD)No.152 of 2013 The Management, Sri Parameswari Spinning Mill (P) Ltd., Great Cotton Road, Panthalkudi - 626 113, Virudhunagar District.

.. Appellant/Petitioner Vs.

1.The Presiding Officer, 2.S.Selvaraj 3.A.Selvaraj 4.G.Samulraja 5.D.Chellasamy 6.K.Perumal 7.D.Nagarajan 8.V.Murugan 9.R.Azhagarrajan 10.S.John Sundarajan 11.D.Kulasekaraperumal 12.N.Ramasamy 13.J.Seenimuthu 14.D.E.Rajarathinam 15.S.Velayutham 16.K.Nagarajan 17.N.Lakshmanan 18.S.Ramasamy 19.S.Lakshminarayanan 20.S.Mariaselvarajan 21.K.Ramasamy 22.M.Muthuchamy 23.T.S.Kandavelu 1/6

24.S.Karuppasamy 25.S.Selvaraj 26.S.Ramasamy 27.G.Joseph 28.S.Muniyasamy 29.N.Vellaichamy 30.D.Pondurai 31.N.Seetharaman 32.S.Subramanian 33.S.Mariappan 34.K.Venkataraj 35.P.Thalarajan 36.D.Kosalraman 37.S.Gnanamuthu 38.A.Ramasamy 39.S.Velsamy 40.S.Sorimuthu 41.G.Thiruvadi 42.A.Kumarasamy 43.V.Rengarajan 44.S.Bangarurajan 45.C.Ramasamy 46.S.Ramasamy 47.M.Sudalaimuthu 48.V.Ramar 49.N.Perumalsamy 50.N.Subbiah 51.G.Sankaranarayanan 52.K.Anandappan 53.S.Sivasubramanian 54.S.M.Mariappan 55.S.Soundarrajan 56.V.Palanivel C/o.General Labour Union, Registration No.145/MDU, 31, Nanmai Tharuvar Koil, Arisikkara Street, Madurai-625 001.

.. Respondents/Respondents Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 05.12.2012, passed in M.P.(MD)No.1 of 2012 in W.P.(MD)No.15603 of 2012.

Prayer in MP(MD)No. 1/ 2012 in WP(MD)No.15603/2012 : To grant an interim stay of the operation of the award passed by the 1st respondent herein made in ID Nos. 126/2003 to 179/2003 and I.D No. 198/2003 and 199/2003 dated 29.03.2012 pending disposal of the above Writ Petition.

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Prayer in WP(MD)No. 15603/ 2012 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari , calling for the records relating to the award passed by the first respondent herein made in ID Nos. 126/2003 to 179/2003 and I.D No. 198/2003 and 199/2003 dated 29.03.2012 and quash the same.

For Appellant : Mr.C.G.Pethanaraj R1 : Court For R2 to R56 : No appearance W.A.(MD)No.152 of 2013:

The Management, Sri Parameswari Spinning Mill (P) Ltd., Great Cotton Road, Panthalkudi - 626 113, Virudhunagar District.

.. Appellant/Petitioner Vs.

1.The Presiding Officer, 2.V.Chandrasekaran 3.R.Murugadasan 4.K.Ganesan 5.N.Chandran 6.M.Ramamurthy 7.S.Nalliah 8.D.Maragadavel 9.B.Ramakrishnan 10.C.K.Bagyaraj 11.V.Mariappan 12.M.Subbiah 13.B.Palanisamy 14.S.Shenbagam 15.M.Muthusamy 16.R.Jayaram 17.R.Picaaikkani 18.V.Gurusamy 19.R.Periyasamy 20.B.Palani 21.A.Subburaj 3/6

22.N.Chinnathambi 23.R.Subhash Chandrabose 24.B.Dhanapal 25.B.Mariappan 26.V.Karuppasamy 27.N.Veeraperumal 28.S.Muniyasamy 29.S.Joseph C/o.General Labour Union, Registration No.145/MDU, 31, Nanmai Tharuvar Koil, Arisikkara Street, Madurai-625 001.

.. Respondents/Respondents Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 05.12.2012, passed in M.P.(MD)No.1 of 2012 in W.P.(MD)No.15604 of 2012.

Prayer in MP(MD)No. 1/ 2012 in WP(MD)No.15604/2012 : To grant an Interim Stay of the operation of the award passed by the 1st Respondent herein made in I.D.No.9/2002 to 33/2002, 38/2002 to 40/2002 dated 29.03.2012. Prayer in WP(MD)No. 15604/ 2012 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the award passed by the first respondent herein made in I.D.No.9/2002 to 33/2002, 38/2002 to 40/2002 dated 29.03.2012 and quash the same. For Appellant : Mr.C.G.Pethanaraj R1 : Court For R2 to R29 : No appearance COMMON JUDGMENT (Common Judgment of the Court was delivered by N.KIRUBAKARAN, J.) These Writ Appeals have been filed by the appellant Management, against the common order dated 05.12.2012, passed in M.P.(MD)Nos.1 and 1 of 2012 in W.P.(MD)Nos.15603 and 15604 of 2012, respectively, directing them to deposit 50% of the compensation amount awarded by the Labour Court, Madurai, and to give Bank Guarantee for the remaining 50% of the amount.

2. When the matter is called today, the learned counsel appearing for the appellant would submit that pursuant to the 4/6

order passed by this Court, dated 04.02.2013, in the present Writ Appeals, the appellant had deposited 25% of the compensation amount to the credit of the respective I.D. numbers.

3. We have heard the learned counsel appearing for the appellant and perused the materials available on record.

4. It is evident from the records that the Writ Petitions are of the year 2012 and the interim order has peen passed as early as on 05.12.2012 and the Writ Petitions are pending for the past 8 years.

5. At this juncture, it would be worthwhile to quote the decision rendered by a Division Bench of this Court in Southern Academy of Maritime Studies, Rep. by Director, Maritime Education Private Ltd., Chennai Vs. A.M.Akash and others reported in CDJ 2019 MHC 2548 [W.A.No.1819 of 2019, decided on 14.06.2019], wherein this Court after considering the earlier decisions of this Court, held that a writ appeal is not maintainable against an interim order.

6. Moreover, because of the pendency of the present Writ Appeals, the Writ Petitions, which are pending from the year 2012, could not be disposed of.

7. In view of the above, the Writ Appeals are dismissed with a request to the learned Single Judge, to dispose of W.P.(MD) Nos.15603 and 15604 of 2012, at the earliest. It is made clear that this Court has not expressed any opinion on the merits of the pending Writ Petitions. No costs. Consequently, connected Miscellaneous Petitions are dismissed.

Sd/- Assistant Registrar (RTI) // True Copy // / /2020 Sub Assistant Registrar(CS) SMN2 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.

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To The Presiding Officer, +2 CC to Mr.C.G.PETHANARAJ, Advocate ( SR-23820[F] dated 03/12/2020 ) Common Judgment in W.A.(MD)Nos.151 and 152 of 2013 02.12.2020 KM (23.12.2020) 6P 4C 6/6