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Madras High CourtCRL OP(MD)/158/2019disposed of

P.Kannan v. M.Ganesh

2021-11-22Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.01.2020

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE in W.P(MD)No.3145 of 2019 The Management of Tamil Nadu Cooperative Marketing Federation Limited, Rep. by its Managing Director, 91 St.Mary's Road, Chennai - 600 018

...Petitioner

vs.

1.V.Jeyaraj 2.The District Collector, Chennai District, Chennai.

3.The Assistant Commissioner of Labour (The Authority under the Payment of Subsistence Allowance Act, 1981), The Office of the Deputy Commissioner of Labour, Madurai.

...Respondents

Prayer: Review Application filed under Article 226 of Constitution of India r/w. Order 47 Rules 1 and 2 of Code of Civil Procedure & Section 114 of Code of Civil Procedure seeking to review the order dated 13.02.2019 made in W.P.(MD)No.3145/2019 on the file of this Court.

Prayer in WP(MD). 3145/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus, directing the 1st respondent to recover the amount Rs.2,52,225/- as ordered by the 2nd Respondent in his order dated 20.04.16 in P.S.Nos.8/10, 1/11, 15/11, 12/12 and 2/13 as upheld by the Appellate Authority in the order dated 02.05.18 in PSAA 11/2017 to 15/2017 from the 3rd respondent, together with 16% interest from 20.04.16 and to pay the same to the petitioner within a period of time as may be fixed by this Honble Court.

For Petitioner : Mr.C.Jeganathan For Respondent 1 : Mr.S.Arunachalam For Respondents 2 & 3 : Mr.Sethuram, Special Government Pleader 1/3

ORDER

This matter heard through the Video Conferencing System today.

2. This review application has been filed on the ground that the impugned order dated 13.02.2019 passed in W.P.(MD)No.3145 of 2019 has not taken note of the fact that by an earlier order of this Court dated 31.01.2019 passed in W.M.P.(MD)No.1666 of 2019 in W.P. (MD)No.2071 of 2019 filed by the petitioner management, the order of the appellate authority dated 02.05.2018 was stayed.

3. This Court granted an order of interim stay and ordered notice to the respondent 1 and Mr.Kannitheevan, learned Additional Government Pleader accepted notice on behalf of the respondents 2 and 3 in this review application.

4. The first respondent who is the petitioner in W.P.(MD).No.3145 of 2019 which was disposed of on 13.02.2019 has taken notice in this review application and has entered appearance through Mr.S.Arunachalam. Mr.S.Arunachalam, learned counsel is also present today.

5. The learned counsel for the first respondent submits that he has no objection for allowing this review application, since the order dated 31.01.2019 passed by this Court in W.M.P.(MD).No.1666 of 2019 in W.P.(MD) No.2071 of 2019 was not brought to the notice of this Court when this Court disposed of W.P.(MD).No.3145 of 2019 on 13.02.2019.

6. Accordingly, this review application is allowed as prayed for and W.P.(MD).No.3145 of 2015 filed by the first respondent is closed. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The District Collector, Chennai District, Chennai.

2/3

2.The Assistant Commissioner of Labour (The Authority under the Payment of Subsistence Allowance Act, 1981), The Office of the Deputy Commissioner of Labour, Madurai.

3.The Managing Director, Tamil Nadu Cooperative Marketing Federation Limited, 91 St.Mary's Road, Chennai - 600 018 +1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-661[F]dated 08/01/2020 ) +1 CC to M/s.SPL.GP ( SR-1012[F] dated 09/01/2020 ) 07.01.2020 VB(11.03.2020) 3P 6C 3/3