M.Malaisamy v. Anbazhagan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Sub.A.(MD)No.78 of 2022 in in W.P.(MD)No.14614 of 2015 M.Malaisamy ... Petitioner Vs Anbazhagan, Forest Ranger, Forest Range Officer (Regular Forest), Usilampatti Range, At Elumalai Section, Kadavaipatti, Madurai District.

...Respondent

PRAYER in Sub.A.(MD)No.78 of 2022: Petition filed under Section 11 of the Contempt of Courts Act, to dispense with the production of the certified/original order made in W.P.(MD)No.14614 of 2015 dated 05.12.2018 by this Court.

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Prayer in Cont.P.(MD)No.SR41179 of 2022: Petition filed under Section 11 of the Contempt of Courts Act, to punish the contemnor for the deliberate and willful disobedience of the order dated 05.12.2018 passed by this Court in W.P.(MD)No.14614 of 2015. For Petitioner : M.M.Pounraj For Respondent : Mr.R.Sureshkumar, Addl. Government Pleader.

ORDER

The Registry raised a query regarding maintainability of the contempt petition.

2.The writ petition filed by the Forest Department was dismissed by me. The dismissal order was also confirmed by the Hon'ble Division Bench. The award passed by the Labour Court, Madurai was confirmed. The only remedy open to the petitioner to move the jurisdictional Labour Court for enforcement of the award and no contempt petition will lie. The petitioner had filed E.P.No.21 of 2019 before the Labour Court, 2/4

Madurai. The learned Labour Court, Madurai is directed to dispose of E.P.No.21 of 2019 within a period of eight weeks from the date of receipt of a copy of this order.

3.The sub application is closed accordingly. Consequently, the contempt petition is also dismissed at the SR stage itself. 16.08.2022 Index : Yes/No Internet : Yes/No ias To:

The Forest Ranger, Forest Range Officer (Regular Forest), Usilampatti Range, At Elumalai Section, Kadavaipatti, Madurai District.

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G.R.SWAMINATHAN, J.

ias Sub.A.(MD)No.78 of 2022 in in W.P.(MD)No.14614 of 2015 16.08.2022 4/4