Malaisamy.M v. The District Forest Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD)No.8423 of 2023 M.Malaichamy ... Petitioner Vs.

1.The District Forest Officer, Madurai Forest Division, Madurai District.

2.The Forest Ranger, Forest Range, Usilampatty.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 1st respondent in C.No.2912/2015/B2 dated 03.03.2023 and quash the same as illegal and consequently direct the respondents for implementing the award of the learned Labour Court, Madurai in

ID No.60/2004 dated 26.08.2008 which was confirmed by this Court in WP (MD) No.14416 of 2015 dated 05.12.2018 and upheld the Honble Division Bench in WA (MD) SR No.18156/2021.

For Petitioner :

Mr.M.Pounraj For Respondents :

Mr.Veerakathiravan, Addl. Advocate General Assisted by Mr.R.Ragavendran, Government Advocate

O R D E R

This Writ Petition has been filed seeking a Writ of Certiorarifiled Mandamus to call for the records in connection with the order passed by the first respondent in C.No.2912/2015/B2 dated 03.03.2023 and to quash the same and also sought for a consequential direction to implement the award dated 26.08.2008 passed in I.D.No.60 of 2004, on the file of learned Labour Court, Madurai.

2. According to the learned counsel for the petitioner, the impugned order dated 03.03.2023 is contrary to the award dated 26.08.2008 passed in I.D.No.60 of 2004. The said award was challenged by the respondents herein by filing W.P.(MD)No.14416 of 2015 and the said Writ Petition was dismissed by an order dated 05.12.2018 and the Writ Appeal filed there against was also stated to have been dismissed by the learned Division Bench. According to the learned counsel for the petitioner, the award dated 26.08.2008 has attained finality.

3. The learned Additional Advocate General appearing for the respondents also has not disputed about the award dated 26.08.2008 attaining finality.

4. In the light of the above, it is obligatory on the part of the respondents to give effect to the award dated 26.08.2008 passed in I.D.No.60 of 2004 by the learned Labour Court, Madurai. In the circumstances, this Court is inclined to allow the Writ Petition, directing the respondents to implement the

award dated 26.08.2008 passed in I.D.No.60 of 2004.

5. Accordingly, this Writ Petition is allowed, directing the respondents to implement the award 26.08.2008 passed in I.D.No.60 of 2004 on the file of the learned Labour Court, Madurai, as expeditiously as possible at any rate, within a period of eight weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. 28.04.2025 Index :

Yes / No vsm To 1.The District Forest Officer,

Madurai Forest Division, Madurai District.

2.The Forest Ranger, Forest Range, Usilampatty.

MUMMINENI SUDHEER KUMAR, J.

vsm

28.04.2025