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Madras High CourtWP(MD)/20893/2013disposed of

J. Krishnamoorthy v. The Managment Of

2020-12-16Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD).No.20893 of 2013 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD).No.20893 of 2013 and M.P(MD).No.1 of 2013 J.Krishnamoorthy ... Petitioner -Vs1.The Management of Tamil nadu State Transport Corporation (Madurai Division-V) Ltd., Now renamed as Tamil Nadu State Transport Corporation (Madurai) Ltd., Virudhunagar Region, rep., by its General Manager, Virudhunagar.

2.The Management of Tamil Nadu State Transport Corporation (Madurai) Ltd., Rep, by its Managing Director, Bye-pass Road, Madurai -16.

3.The Management of Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., rep., by its Managing Director, Vannarpettai, Tirunelveli 627 003.

4.The Labour Officer, Virudhunagar.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the fourth respondent to take steps to prosecute the first and second respondents under Section 25-T and 25-U of ID Act for their failure to implement the award of the Labour Court, Madurai dated 02.11.2011 in ID.No.93/2004.

For Petitioner : Mr.S.Arunachalam For Respondents : Mr.J.Senthilkumaraiah for R1 & R2 Mr.K.Sathiyasingh for R3 Mr.P.Mahendran Additional Government Pleader (For R4) https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.20893 of 2013

ORDER

The relief sought for in the present writ petition is to direct the fourth respondent to take steps to prosecute the first and second respondents under Section 25-T and 25-U of ID Act for their failure to implement the award of the Labour Court, Madurai, dated 02.11.2011 in ID.No.93/2004.

2.As far as the execution of the award passed by the Labour Court is concerned, the amended Section 11-B contemplates filing of an Execution Petition. Thus, the execution of the order is to be done by following the procedures contemplated under Section 11-B of the Industrial Dispute Act. No writ petition is entertainable for the execution of the award passed by the Labour Court. This apart, already 7 years lapsed from the date of filing of the writ petition. Under these circumstances, this Court is of the opinion that the petitioner has to approach the competent Labour Court for the purpose of execution of the award and for invoking the other provisions of the Industrial Dispute Act in the manner known to law. 3.With the obervationss the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) rmk To The Labour Officer, Virudhunagar.

+1cc to M/s.K.Sathiya Singh, Advocate Sr.No.26195 +1cc to Special Government Pleader, Sr.No.26267 W.P.(MD).No.20893 of 2013 16.12.2020 PU (CO) NR (08/01/2020) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2