Murugeswari, W/O.Mariappan v. The Deputy Commissioner Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.13919 of 2019 Murugeswari .. Petitioner Vs.

1.The Deputy Commissioner of Labour, Near Thamarai Thotty, Alagarkoil Road, Madurai.

2.The Managing Director, M/s.Sripathy Paper Mills Ltd., Namashkanthanpatti, Sukkuvarpatty, Anaikuttam, Sivakasi.

3.The Manager, M/s.United India Insurance Co. Ltd., Namakkal.

.. Respondents Writ Petition is filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus, directing the first respondent to dispose the case filed by the petitioner in EC.No.81/17, within a time frame to be fixed by this Court. For Petitioner : Mr.R.Ramasamy For R1 : Mr.Aayiram K.Selvakumar Additional Government Pleader For R2 : No Appearance For R3 : Mr.C.Karthick

ORDER

This Writ Petition has been filed seeking a direction to the first respondent to dispose the case filed by the petitioner, in EC.No.81/17, within a time frame to be fixed by this Court. https://hcservices.ecourts.gov.in/hcservices/ 2.According to the petitioner, her husband was a driver and owned a lorry, which was insured with the third respondent

Insurance Company. While he was working under the second respondent, on 15.01.2016, about 3.00 a.m. the lorry was in trouble and he stopped the lorry and found that the water in the radiator was in low level. When he attempted to draw water from the canal, he slipped and fell down in the canal and died. The petitioner filed a petition in E.C.No.81 of 2017 before the first respondent on 15.05.2017, but the same is still pending. Hence, the present Writ Petition.

3.The learned Additional Government Pleader appearing for the first respondent submitted that the petitioner has not co-operated for concluding the enquiry. If the petitioner co-operates for the enquiry, the first respondent will conclude the enquiry and pass final orders as expeditiously as possible.

4.Though notice was served on the second respondent and his name is printed in the cause list, he has not chosen to appear either in person or through counsel.

5.Recording the submission made by the learned Additional Government Pleader for the first respondent and without going into the merits of the case, this Court directs the first respondent to dispose of E.C.No.81 of 2017, on merits and in accordance with law, after providing an opportunity of hearing to the parties concerned, within a period of six months from the date of receipt of a copy of this order. The petitioner is directed to co-operate for concluding the enquiry.

6.This Writ Petition is disposed of, with the above direction. No costs.

Sd/- Assistant Registrar (Crl.side) // True Copy // Sub Assistant Registrar(CS) smn2 To 1.The Deputy Commissioner of Labour, Near Thamarai Thotty, Alagarkoil Road,Madurai.

2.The Manager, M/s.United India Insurance Co. Ltd., Namakkal. +1cc to Mr.C.KARTHIK,Advocate, SR.No.75601 +1cc to the Spl.Govt.Pleader Sr.No.75686 W.P.(MD) No.13919 of 2019 16.07.2019 NA (26.07.2019) 2p : 5C https://hcservices.ecourts.gov.in/hcservices/