The Management v. M.Velappan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and C.M.P(MD)No.2983 of 2022 The Management, Power Engineering Company, No.365B-10, Hendry Complex, Mathiash Nagar, K.P.Road, Nagercoil

...Petitioner/Respondent/Respondent

Vs.

M.Velappan

...Respondent/Petitioner/Petitioner

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the order dated 07.10.2021 passed in P.G(IA).492/2020 in P.G(IA).545 of 2018 on the file of the Deputy Commissioner of Labour Camp at Nagercoil. For Petitioner : Mr.A.Mohammed Haneef For Respondent : Mr.B.Brijesh Kishore 1/5

O R D E R

This revision is preferred against the order dated 07.10.2021 passed by the Deputy Commissioner of Labour Camp at Nagercoil in P.G(IA).492/2020 in P.G(IA).545 of 2018. That application was filed by the revision petitioner seeking permission of the authority to receive additional counter raising the issue with regard to maintainability of jurisdiction of the authority. That application was dismissed by the order impugned in this revision.

2. The learned counsel for the petitioner would submit that the primary issue is only whether the additional counter can be received or not and that was decided against the petitioner without affording opportunity to him.

3. Per contra, the learned counsel for the respondent would submit that full opportunity was given to the petitioner to raise the point with regard to the maintainability and jurisdiction also. Only 2/5

after hearing both sides, that application was dismissed confirming that the authority got jurisdiction to entertain the petition. According to the learned counsel for the respondent, nothing warrant to interfere with the revisional jurisdiction.

4. Heard both sides and perused the materials.

5. The point for consideration was framed by the authority stating that whether additional counter can be received or not to which there is one another issue over the maintainability of the petition also. Which may not be proper. Let the above said maintainability issue be decided by the authority at the appropriate time. Additional counter shall be placed on record to decide the above said point. Since the application is of the year 2020, the same shall be disposed of within a period of five months from the date of receipt of a copy of this order.

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6. With the above direction, this Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

15.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No CM To,

1. The District Munsif cum Judicial Magistrate, Tiruvidaimaruthur 2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court,Madurai. 4/5

G. ILANGOVAN, J.

CM and C.M.P(MD)No.2983 of 2022 15.03.2024 5/5