Madras High CourtWP(MD)/21/2011withdrawn dismissed

The Management, v. The Presiding Officer,

2021-02-04Honourable Mr Justice M.Dhandapani2 pages

W.P(MD)No.21 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.02.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P(MD)No.21 of 2011 and M.P(MD)No.1 of 2011 The Management, Thirumalai Mills, Tirunelveli-12, represented by its partner G.Kanagasabapathy ... Petitioner Vs.

1.The Presiding Officer, Labour Court,Tirunelveli.

2.S.Mayilvagan 3.U.Kottai Navaneetha Krishnasamy 4.A.Murugan 5.S.Devadasan 6.S.Pandaram 7.V.Kasi 8.S.Thangaraj 9.S.Uchimakali 10.S.Selvam 11.R.Radhakrishnan 12.N.Rajendran ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a writ of Certiorari, to call for the records of the first respondent in I.A.Nos.25/2009, 22/2009, 23/2009, 4/2009, 5/2009, 274/2009, 57/2008, 58/2008, 59/2008, 60/2008 and 61/2008 in I.D.Nos.25/2008, 27/2008, 29/2008, 30/2008, 31/2008, 39/2008, 44/2007, 45/2007, 46/2007, 47/2007 and 48/2007 and quash its common order dated 26.11.2010.

For Petitioner :

Mr.Anand Gopalan for M/s.T.S.Gopalan and Co., For Respondent Nos.2 to 12 :

Mr.D.Saravanan Respondent No.1 :

Labour Court https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.21 of 2011

ORDER

When the matter is taken up for hearing, Mr.Anand Gopalan, learned counsel appearing on behalf of the petitioner would submit that without going to the merits of this case, this Court may permit the petitioner to raise all the issues, including the issue with regard to the settlement arrived under Section 18(1) of the Industrial Disputes Act, dated 07.12.2005, before the Labour Court in the main Industrial Dispute and a reasonable time may be fixed by this Court to dispose of the said industrial dispute.

2. The learned counsel appearing on behalf of the respondents also conceded the request made by the learned counsel for the petitioner.

3. In view of the limited request made by the petitioner, this Court, without going to the merits of the case, grants permission to the petitioner to raise all these issues before the Industrial Tribunal and considering the fact that the dispute is pending from the year 2005 onwards, the Tribunal shall pass appropriate orders within a period of six months from the date of receipt of a copy of this order.

4. With the above direction, this writ petition stands disposed of. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) PJL 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 M/s.T.S.GOPALAN & CO, Advocate ( SR-3437[F] dated 05/02/2021) +1 CC to M/s.D.SARAVANAN, Advocate ( SR-3630[F] dated 05/02/2021) W.P(MD)No.21 of 2011 04.02.2021 (SSS)CO AP(26/02/2021) 2 P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2