N.K.Pandian, v. Associate Partner-Hr

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.10770 of 2017 N.K.Pandian

...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, Rep. by its Joint Secretary to the Government, Department of Labour and Employment, Fort St. George, Chennai -9.

...Respondents

P RAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondent No.1 to 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 Petitioner : Mr. R. Venkatesan For Respondents : Mr. N. S. Karthikeyan Additional Government Pleader *****

O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the Respondent No.1 to 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.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

https://hcservices.ecourts.gov.in/hcservices/

3. It appears that the petitioner has obtained an exparte order from the second respondent. The industrial dispute has been raised as against an individual by name Appadurai. Though he has been described as an officer of an organisation, the employer is not made a party. This Court presumes that the petitioner was able to obtain an ex-parte order only by the wrong description of the employer.

4. The prayer in the writ petition is only against as individual. Hence without going into the merits of the case, this Court is also convinced that the writ petition against an individual is not maintainable and hence this writ petition is dismissed. No costs.

Sd/- Assistant Registrar(Writs) / True Copy / Sub Assistant Registrar(C.S.) 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 Government of Tamil Nadu, Rep. by its Joint Secretary to the Government, Department of Labour and Employment, Fort St. George, Chennai -9.

+1 CC TO MR.R.VENKATESAN, ADVOCATE,SR NO.59320 +1 CC TO SPECIAL GOVERNMENT PLEADER SR NO.59655 SM/TA MAS/JC/SAR2:20.06.2017:2P-5C ORDER MADE IN W.P.(MD).No.10770 of 2017 09.06.2017 https://hcservices.ecourts.gov.in/hcservices/