The Management v. The Joint Commissioner Of Labour

W.P. (MD) No. 5371 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P. (MD) No. 5371 of 2022 and W.M.P. (MD) Nos. 4370 and 4678 of 2022 The Management, Represented by its Administrative Officer, M.P.92, Varasanadu Primary Agricultural, Co-operative Credit Society, Varasanadu, Theni District.

... Petitioner Vs.

1. The Joint Commissioner of Labour, (Appellate Authority under The Tamil Nadu Shops and Establishments Act), Collector Office Complex, Dindigul.

2. P.Parthasarathy ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the first respondent to perform the statutory function of giving opportunity to the petitioner to bring in their witness namely, P.Gajendran, P.Kalaivanan and M.Mokkian, in T.N.S.E. No. 4 of 2019, to prove their documents filed therein.

For Petitioner :

Mr.T.Ravichandran For Respondents :

Mr.D.Sadiq Raja Addl. Government Pleader for R1 Mr.T.Lajapathi Roy for R2

O R D E R

The relief sought for in the present Writ Petition is to direct the first respondent to perform the statutory function of giving opportunity to the petitioner to bring the witness namely, P.Gajendran, P.Kalaivanan and M.Mokkian, in T.N.S.E. No. 4 of 2019, to prove their documents filed therein.

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W.P. (MD) No. 5371 of 2022

2. The learned Additional Government Pleader appearing for the first respondent made a submission that the enquiry proceedings were completed and in view of the interim order granted by this Court, no final order has been passed. The relief sought for in the present Writ Petition is to direct the first respondent to allow the petitioner to examine the witnesses. If at all the necessary witnesses are not examined during the course of enquiry, the petitioner may raise all such grounds in the further proceedings if any.

3. However, the relief sought for in the present Writ Petition cannot be granted at present in view of the fact that the enquiry has already been concluded.

4. Accordingly, this Writ Petition stands dismissed. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) vji To

1. The Joint Commissioner of Labour, (Appellate Authority under The Tamil Nadu Shops and Establishments Act), Collector Office Complex, Dindigul.

2. The Administrative Officer, The Management, M.P.92, Varasanadu Primary Agricultural, Co-operative Credit Society, Varasanadu, Theni District.

+1 CC to M/s.T.Ravichandran, Advocate ( SR.No.16776) +1 CC to M/s.T.Lajapathi Roy, Advocate ( SR.No.17081) +1 CC to SPL.GP(SR.No.16897) W.P. (MD) No. 5371 of 2022 and W.M.P. (MD) Nos. 4370 and 4678 of 2022 05.04.2022 MGJ(18.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ _________