Tansi Foundry And Engg Works v. The Presiding Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P. (MD) No. 9621 of 2017 and W.M.P. (MD). No. 7347 of 2017 TANSI Foundary and Engg. Works, Rep. by its Works Manager (i/c) P.Kalavathy, Pettai, Tirunelveli.

.. Petitioner Vs.

1. The Presiding Officer, Labour Court, Tirunelveli - 11.

2. V.Murugesan .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the entire records pertaining to the Claim Petition filed by the second respondent in C.P.No.6 of 2017 on the file of the learned Presiding Officer, Labour Court, Tirunelvieli and quash the same as illegal and without jurisdiction.

For petitioner : Mr. S.Karunakar For R-2 : Mr. D.Sivaraman Standing Counsel R-1 : Labour Court.

O R D E R

*********** Heard the learned counsel on either side.

2. The prayer in this writ petition is to call for the entire records relating to C.P.No.6 of 2017 filed by the second respondent herein before the learned Presiding Officer, Labour Court, Tirunelveli and for quashing the same.

3. It is obvious that the writ petition has not been filed against any order passed by the Labour Court. Therefore, as and when any orders passed by the Labour Court in the claim petition filed by the second respondent herein, it is open to the petitioner to question the same. As on date none of the legal rights of the writ petitioner have been infringed. It is open to the workman to petition under Section 33 C (2) of Industrial Dispute Act, 1947. It is for the petitioner herein to contest the matter on merits and if aggrieved by the final order, question the same before this Court. At this stage the writ petition is premature.

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4. This Writ petition stands dismissed. No costs. Consequently, W.M.P. (MD). No. 7347 of 2017 is closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To:

The Presiding Officer, Labour Court, Tirunelveli - 11.

+1cc to Mr. S.Karunakar, Advocate Sr.No.49104 +1cc to Mr. D.Sivaraman, Advocate Sr.No.49186 KMI VB/RSK/SAR1/11.07.2018/2P/4C ORDER MADE IN W.P.(MD).No.9621 of 2017 15.02.2018 https://hcservices.ecourts.gov.in/hcservices/