Madurai Mavatta Cutdida v. The Labour Welfare Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and M.P.(MD).No.1, 1 of 2013 and 1 of 2014 W.P.(MD).No.6289 of 2013:

Madurai Mavatta Cutdida Thozhilalar Sangam, (Registration No.784/MDU Represented by its General Secretary, C.Subbiah ... Petitioner Vs.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records pertaining to the order of the respondent in Na.Ka.No.1132/12 dated 05.03.2013 and quash the same.

For Petitioner : Mr.A.Haja Mohideen For Respondent : Mr.P.Thambi Durai, Government Advocate.

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W.P.(MD).No.7585 of 2013:

Madurai Mavatta Thiyal Thozhilalargal Sangam, (Madurai District Tailoring Workers Union), (Registration No.1136/MDU) Represented by its General Secretary, P.Murugan ... Petitioner Vs.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records pertaining to the order of the respondent in Na.Ka.No.687/12 dated 03.2013 signed on 05.03.2013 and quash the same.

For Petitioner : Mr.A.Haja Mohideen For Respondent : Mr.P.Thambi Durai, Government Advocate.

COMMON ORDER The challenge in both the Writ Petitions is similar. Hence, both the Writ Petitions are taken up together.

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2. The petitioner's Association and the petitioner's Union are registered bodies. The petitioners are taking care of construction workers and tailoring workers. When an application was submitted seeking benefits for the member of the Sangam / Union in the case of Mrs. Parvathi, wife of late Palsamy, there was some discrepancies in the application. Therefore, the respondents have passed an order by temporarily suspending the functioning of the Sangam and the Union. The temporary suspension was applicable for renewal of the registration, granting benefits etc. Since this order is passed in the year 2013, due to efflux of time, temporary suspension cannot be prolonged. There is an interim order safeguarding the Association as well as the Sangam, whereby, the impugned orders were stayed.

3. Therefore, this Court is inclined to remit back the matter to the respondents and the respondents shall reconsider and pass speaking orders. If the petitioners are entitled to revocation of the temporary suspension, the same shall be considered.

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4. With the above direction, the Writ Petitions are disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

14.12.2022 Index : Yes / No Internet : Yes/ No Nsr To 4/5

S.SRIMATHY, J.

Nsr 14.12.2022 5/5