Madras High CourtWA(MD)/814/2017disposed of

N.K. Pandian v. Associate Parner-Hr

2018-02-12Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS. JUSTICE R.THARANI W.A.(MD) No.814 of 2017 in WP(MD)No.10770 of 2017 N.K.Pandian ... Appellant/Petitioner vs.

1.Associate Partner - HR Human Resource Development Departmental Officer, G.V.K.-EMRI, Government Kasduriba Gandhi Women and Children Hospital, Chennai - 05.

2.The Government of Tamil Nadu, represented by its Joint Secretary to the Government, Department of Labour and Employment, Fort St.George, Chennai.

... Respondents/Respondents Prayer:- Writ Appeal filed under Clause 15 of Letters Patent Act, against the order passed by this Court in W.P.(MD) No.10770 of 2017, dated 09.06.2017.

Prayer in WP(MD). 10770/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent NO.1 t o implement the judgment and order passed by the labour court Madurai on 28.12.2016 in I.D.No. 25 of 2016 and consequently provide the other benefits as per the judgment order passed by the labour Court, Madurai on 28.12.2016 in I.D.No. 25 of 2016.

For Appellant : Mr.R.Venkatesan For Respondents : Mr.D.Muruganandam Additional Government Pleader https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.] Heard Mr.R.Venkatesan, learned counsel for the appellant and Mr.D.Muruganandam, learned Additional Government Pleader for the respondents.

2. This appeal is directed against the order in W.P.(MD) No.10770 of 2017, dated 09.06.2017. The petitioner sought for implementation of the award of the Labour Court, Madurai in I.D.No.25 of 2016 and consequently provide other benefits.

3. The writ Court rejected the writ petition, since the relief sought for is against the first respondent / the private party. In our considered view, the opinion of the writ Court is proper, since the relief sought for is only against the first respondent, though the second respondent has been impleaded as a party to the writ petition. Therefore, the petitioner has not made out any case for interference of the order passed in the writ petition. However, it does not mean that the petitioner is remediless. It is always well open to the petitioner to seek for implementation of the award or for computation of monetary benefits by approaching the labour Court and seeking the provisions of Industrial Disputes Act. Accordingly, the Writ Appeal stands dismissed. No costs.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.Associate Partner - HR Human Resource Development Departmental Officer, G.V.K.-EMRI, Government Kasduriba Gandhi Women and Children Hospital, Chennai - 05. 2.The Joint Secretary to Government, Government of Tamil Nadu, Department of Labour and Employment, Fort St.George, Chennai.

+One cc to The Special Government Pleader, SR.No.48221 mm/akv RL/4C/2P/CVC/SAR4/8/3/2018 W.A.(MD) No.814 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 12.02.2018