Madras High CourtWP(MD)/15026/2011dismissed

The Management v. The Appellate Authority

2021-02-17Honourable Mr Justice M.Dhandapani2 pages

W.P.(MD)No.15026 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.15026 of 2011 and M.P(MD)No.1 of 2011 The Management, A 2905 Madurai Janatha Co-operative Stores Limited, through its Special Officer, 81-A, Munichalai Road, Madurai-625 009.

... Petitioner Vs.

1.The Appellate Authority Under the Tamil Nadu Shop and Establishment Act (Deputy Commissioner of Labour) K.K.Nagar, Madurai-20.

2.S.Karuppiah ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records from the 1st respondent's impugned order made in T.N.S.E.Appeal No.4/2008, dated 08.02.2011 and quash the same as illegal. For Petitioner : Mr.R.Saravanan For R2 : Disd. For Default on 15.03.2013

ORDER

This writ petition is filed challenging the order dated 08.02.2011 passed by the first respondent in T.N.S.E.Appeal No.4/2008, in favour of the second respondent. 2.This Court, while entertaining the writ petition, has granted an order of stay on 23.12.2011. However, subsequently, for nonserving of summons to the second respondent, this Court dismissed the writ petition for default on 15.03.2013, as against the second respondent. As against the contesting second respondent, this writ petition was dismissed, the petitioner has not taken any steps for filing appropriate petition. Subsequently, this Court by order dated 06.12.2013 while admitting the writ petition, issued notice to the first respondent, however no notice was ordered to the second https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.15026 of 2011 respondent on the ground that already this writ petition was dismissed against the second respondent, but, liberty is given to the petitioner to take private notice to restore the second respondent in the writ petition.

3.Since the second respondent is the contesting respondent and no steps having been taken by the petitioner to restore the dismissal order passed against the second respondent, no further order is required in this writ petition and accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (A.S.) // True Copy // Sub Assistant Registrar(CS ) Ns To The Deputy Commissioner of Labour/ (The Appellate Authority Under the Tamil Nadu Shop and Establishment Act) K.K.Nagar, Madurai-20.

1CC TO MR. R.SARAVANAN, ADVOCATE SR 5731 1CC TO THE SPL GOVT PLEADER SR 5924 GS 05/05/2021 2P/4C W.P.(MD)No.15026 of 2011 and M.P(MD)No.1 of 2011 17.02.2021 https://hcservices.ecourts.gov.in/hcservices/ 2/2