Madras High CourtWMP(MD)/15931/2017ordered

S.Ramaiah, v. The Management / Special

2017-11-27Honourable Mr Justice P.D.Audikesavalu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Monday, the Twenty Seventh day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice P.D.AUDIKESAVALU WMP(MD) No.15931 of 2017 and WMP(MD)No.6003 of 2017 IN WP(MD) No.2222 of 2015 S.RAMAIAH, ...Petitioner/Petitioner Vs 1.THE MANAGEMENT / SPECIAL OFFICER, TN SPL. 139 VASUDEVANALLUR PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETY, 62,SOUTH CAR STREET, VASUDEVANALLUR 627 758 2.THE LABOUR COURT, TIRUNELVELI ...Respondents/Respondents Prayer in WMP(MD).No. 15931/ 2017 :

Writ Miscellaneous Petition is filed under Article 226 of the Constitution of India, praying this Court to amend the cause title in the Writ Petition in WP(MD)No.2222 of 2015 as " The Management, TN.SPL.139,Vasudevanallur Primary, Agricultural Co operative credit Society, 62, South Car Street, Vasudevanallur 627758 represented Through the President", instead of "The Management/Special Officer, TN.Spl.139, Vasudevanallur Primary Agricultural Co-operative Credit Society, 62, South Car Street, Vasudevanallur - 627758".

Prayer in WMP(MD). 6003/ 2017 :

Writ Miscellaneous Petition is filed under Article 226 of the Constitution of India, praying to amend the Writ Petition prayer in WP(MD)No.2222 of 2015 to the effect that, " It is therefore prayed that this Hon'ble Court may be pleased to issue a Writ, order or direction in the nature of Certiorarified Mandamus or any other appropriate Writ, Order or Direction in the nature of a Writ, to call for the records of the Labour Court, Tirunelveli in claim Petition No.87/2003 dated 08.08.2012, quash the same regarding the disallowed portion, consequently direct the 1st respondent to pay the disallowed portion of claim amount of Rs.1,09,655/- with 12 % interest with effect from 01.06.2004.

Instead of to issue a Writ, order or direction in the nature of Writ of Certiorarified Mandamus or any other appropriate Writ, Order or Direction in the nature of a Writ, to call for the records relating to the order of the Labour Court, the 2 nd Respondent in claim Petition No.87/2003 dated 08.08.2012, and partially quash the same with respect to the payment order and consequently direct the https://hcservices.ecourts.gov.in/hcservices/

1st respondent to pay Rs.4,84,018/- as against the order for the payment of Rs.3,74,363/- with 12% interest with effect from 01.06.2004.

Prayer in WP(MD). 2222/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a (*)Writ of Certiorarified Mandamus or any other appropriate Writ, Order or Direction in the nature of a Writ, to call for the records of the Labour Court, Tirunelveli in Claim Petition No.87/2003 dated 08.08.2012, quash the same regarding the disallowed portion, consequently direct the 1st respondent to pay the disallowed portion of claim amount of Rs1,09,655/- with 12% interest with effect from 01.06.2004. and pass such further or other orders. ORDER:

This petition coming on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.K.S.Muthu, Advocate for the petitioner and, this Court Made the following order:

These Petition have been filed to amend the cause title and prayer in describing the 1st respondent due to some typographical errors.

Hence, permission is granted to amend the cause title and prayer.

The Registry is directed to amend the cause title and prayer accordingly.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To +1cc to M/S.K.S.MUTHU, Advocate SR.No. 6043. DATE OF ORDER: 27.11.2017 CD PURPOSE WMP(MD)No.15931/ 2017and WMP(MD)No.6003/2017 in WP(MD).No.2222 / 2015 Giving directions etc., as stated within.

https://hcservices.ecourts.gov.in/hcservices/ DS/RSK/SAR-1 :26.06.2018: 2P/2C