Madras High CourtWMP(MD)/1519/2020closed

The General Secretary, v. The Management Cum Chief Engineer(Personnel))

2024-10-29Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Tuesday, the Twenty Ninth day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice B.PUGALENDHI IN WP(MD) No.21899 of 2019 THE GENERAL SECRETARY, TIRUNELVELI DISTRICT DEMOCRATIVE GENERAL WORKS UNION, REGISTERED NO.503/TIN ALONG WITH NLO, 188 KALIAPPA PILLAI STREET, THOOTHUKUDI-628 001.

... PETITIONER/RESPONDENT/ RESPONDENT Vs 1 THE MANAGEMENT CUM CHIEF ENGINEER(PERSONNEL), TAMIL NADU ELECTRICITY BOARD, 144, ANNASALAI, CHENNAI-2 2 THE SUPERINTENDING ENGINEER TIRUNELVELI ELECTRICITY DISTRIBUTION CIRCLE, TAMILNADU GENERATION AND DISTRIBUTION CORPORATION, TIRUNELVELI DISTRICT ... RESPONDENTS/PETITIONERS/ WRIT PETITIONERS Writ Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to Vacate the Interim Order granted in W.M.P(MD)No.18656/19 in W.P(MD) No. 21899/19 dated on 17.10.19 and thus render justice 1/5

Prayer in WP(MD). 21899/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Call for the records in pursuant to the impugned order passed by the Labour Court, Tirunelveli in I.D.No.25/2017 dated 16.8.2017 and quash the same. ORDER : This Writ Miscellaneous Petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.KUMAR, Advocate for the petitioner and of none appeared either in person or through by an advocate on behalf of the Respondent, the Court made the following order:- The respondent in WP(MD) No.21899 of 2019 has filed this Miscellaneous petition to vacate the interim order granted by this Court in WMP (MD)No.18656 of 2019 in WP(MD) No.21899 of 2019, dated 17.10.2019. 2.

TANGEDCO has filed the writ petition as against the order passed by the Labour Court, Tirunelveli in I.D.No.25 of 2017, dated 16.08.2017. This Court, while entertaining the writ petition on 17.10.2019, has granted an order of interim stay for a period of four weeks. Thereafter, this writ petition was not listed and the interim order was also not extended further.

has filed this Miscellaneous petition on 22.01.2020 to vacate the interim order granted by this Court on 17.10.2019.

3.This Miscellaneous Petition in WMP(MD) No.1519 of 2020 filed by the vacate stay petitioner to vacate the interim order granted by this Court in WMP (MD)No.18656 of 2019 in WP(MD) No.21899 of 2019 was listed for hearing only on 06.09.2024 and on that day, there was no representation for the TANGEDCO. A representation has been made that Mr.Johny Basha, learned counsel, who has filed the writ petition has now been changed and Mr.S.Deenadayalan, is the standing counsel for TANGEDCO. Therefore, a direction was issued to the vacate stay petitioner to serve a copy to the learned counsel for the TANGEDCO and the case was ordered to be listed on 20.09.2024. It appears that this matter was listed on 23.09.2024. Learned standing counsel appearing for TANGEDCO submits that this case has not been allotted to him and he is not having any idea with whom, the case has been allotted.

4.Though the main writ petition has been filed in the year 2019 as against the order passed by the Labour Court, Tirunelveli in I.D.No.25 of 2017, dated 16.08.2017, the TANGEDCO has not properly followed up the case. More over, the 3/5

interim order granted by this Court on 17.10.2019 is meant for a period of four weeks and it has not been subsequently extended as on date. Therefore, there is no necessity to vacate the interim order.

5.Clarifying the same, this Miscellaneous Petition is closed. sd/- 29/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN TO 1 THE MANAGEMENT CUM CHIEF ENGINEER(PERSONNEL), TAMIL NADU ELECTRICITY BOARD, 144, ANNASALAI, CHENNAI-2 2 THE SUPERINTENDING ENGINEER TIRUNELVELI ELECTRICITY DISTRIBUTION CIRCLE, TAMILNADU GENERATION AND DISTRIBUTION CORPORATION, TIRUNELVELI DISTRICT 4/5

ORDER

IN IN WP(MD) No.21899 of 2019 Date :29/10/2024 SS/SKN/SAR- /12/11/2024/ 5P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5