The Management v. The Presiding Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.A(MD)Nos.1028 and 1029 of 2017 and C.M.P.(MD).Nos.7147 and 7148 of 2017 The Management, Hari & Co, Rep by its Authorized Signatory, No.4/29E, Maduari Byepass Road, Thoothukudi 628 006, Thoothukudi District.

.. Appellant/Petitioner in Both Writ Appeals Vs.

1.The Presiding Officer, Labour Court, Tirunelveli.

2.S.Chelladurai .. Respondents/Respondents in W.A.(MD).No.1028 of 2017 1.The Presiding Officer, Labour Court, Tirunelveli.

2.Y.Kilbart Thangaraj 3.M.Sermakani 4.K.Paramasivam 5.V.Muniraja 6.K.Marimuthu 7.M.Ashok 8.S.Mathavan 9.K.Chellam 10.P.Marimallusamy 11.A.Radhakrishnan 12.S.Kasi 13.S.Rajasekaran 14.S.Peter Vijayakumar 15.D.Thirumani 16.K.Jeyakumar 17.M.Chendur Chezhiyan 18.M.Ponraj 19.R.Narayanaperumal 20.K.Kanthasamy

21.P.Marimuthu 22.S.Kumar 23.S.Gopalakrishnan 24.R.Uthayakumar 25.Michael Thomas Xavier 26.M.Alasis 27.M.Kithiyon 28.K.Perumal 29.R.Saravanakumar 30.K.Jayaparakash 31.J.A.Selvakumar 32.A.Muthusamy 33.P.Ashokkumar 34.C.Vallimayil 35.M.Mariappan 36.U.Kombaiah 37.S.Jesuraj 38.N.Ramasubbu 39.D.Antony Royappan 40.Y.Savarimuthu 41.S.Velladurai 42.R.A.Marumuthu.. Respondents in W.A.(MD).No.1028 of 2017 PRAYER: Writ Appeals are filed under Clause 15 of the Letter Patent Act, against the order dated 21.06.2017 made in W.P.(MD). Nos.1156 and 1501 of 2017 on the file of this Court. Prayer in WP(MD). 1156/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified mandamus calling for the records pertaining to the impugned order passed by the 1st respondent in unnumbered I.A. of 2016 in C.P.No.24 of 2016, dated 03.01.2017, quash the same and direct the respondent to decide as a preliminary issue whether the 2nd respondent is a contract employee receiving retainer salary or not.

For Appellant : Mr.A.Jenasenan For respondent : Mr.D.Saravanan Nos.2 and 2 to 42 in both Writ Appeals COMMON JUDGMENT ************************ [Judgment of the Court was delivered by K.K.SASIDHARAN, J.] These Intra-Court Writ Appeals are directed against the order dated 21.06.2017 in W.P.(MD).Nos.1156 and 1501 of 2017 whereby and whereunder, the Writ Petitions were dismissed with certain observations regarding the conduct of the appellant.

2. The learned counsel appearing for the appellant submitted that the appellant wanted to withdraw the Writ Petitions, even before final order was passed by the learned Single Judge. However, the Writ Petitions were reserved for orders and as such, the appellant could not withdraw the Writ Petitions. The learned counsel for the appellant seeks liberty to withdraw the Writ Petitions. He has also made endorsement to that effect.

3. In view of the endorsement made by the learned counsel appearing for the appellant, the Writ Petitions in W.P.(MD). Nos.1156 and 1501 of 2017 are dismissed as withdrawn. In view of the withdrawal of the Writ Petitions, nothing survives for adjudication in these Writ Appeals. We expunge the observation contained in Paragraph Nos.36 and 37 of the order, as the same were not necessary for the disposal of the Writ Petitions.

4. We direct the appellant to co-operate with the Labour Court for an early disposal of the pending proceedings. The Labour Court must ensure that the proceedings are disposed of as expeditiously as possible and in any case, within a period of six months from the date of receipt of a copy of this Judgment.

5. The Writ Appeals are disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(Co) /True Copy/ Sub Assistant Registrar To:

1. The Presiding Officer, Labour Court, Tirunelveli.

+2ccs to Mr.S.Sethuraman, Advocate, SR.No.69934 & 69935 +1cc to Mr.D.Saravanan, Advocate in SR.No.70073 NB AE/JC/SAR1/04.09.2017/3P/5C COMMON JUDGMENT MADE IN W.A(MD)Nos.1028 and 1029 of 2017 03.08.2017