Madras High CourtWA(MD)/1207/2019dismissed as withdrawal

R.Stalin v. The Superintending Engineer

2019-11-13Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice R. Tharani2 pages

W.A.(MD)No.1207 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.A.(MD)No.1207 of 2019 P.R.Stalin ... Appellant/2nd Respondent Vs.

1.The Superintending Engineer, Valipparu Basin Circle, Water Resource Organization, Public Works Department, Virudhunagar.

... 1st Respondent/Petitioner 2.The Presiding Officer, Labour Court, Madurai.

... 2nd Respondent/1st Respondent PRAYER: Writ Appeal is filed under Clause 15 of the Letter Patent Act, to set aside the portion of the order dated 12.12.2018 in W.P. (MD)No.3644 of 2016 insofar as modifying / clarifying the award of the Labour Court, Madurai, dated 29.09.2015 in I.D.No.28/2013 by holding that the appellant cannot seek particular work/ post and consequently direct the first respondent to give the same seniority to the appellant by counting his service from 01.10.1999 i.e., the date of his appointment to 20.03.2017 i.e., the date of his reinstatement i.e., as temporary daily wage driver and by treating the same as part of his continuous service.

Prayer in WP(MD). 3644/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified mandamus calling for the records relating to the order passed by the 1st respondent in ID.No.28/2013 dated 29.09.2015 and quash the same.

For Appellant : Mr.Ajay Khose for Mr.S.Arunachalam For R1 : Mr.A.K.Baskara Pandian Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.A.(MD)No.1207 of 2019

JUDGMENT

[Judgment of this Court was delivered by T.S.SIVAGNANAM, J.] After making some arguments, the learned counsel for the appellant seeks permission of this Court to withdraw this writ appeal. He has also made an endorsement to that effect.

2. In view of the endorsement made by the learned counsel for appellant, this Writ Appeal is dismissed as withdrawn. No costs. Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS) ta To 1.The Superintending Engineer, Valipparu Basin Circle, Water Resource Organization, Public Works Department, Virudhunagar.

2.The Presiding Officer, Labour Court, Madurai.

ORDER MADE IN W.A.(MD)No.1207 of 2019 13.11.2019 JMN(05.12.2019) 2P : 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2