The Management, v. The Deputy Commissioner Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI and C.M.P.(MD).No.11739 of 2019 The Management, Gandhigramkhadi and Village Industries Public Charitable Trust, represented by its Secretary, M.R.Rajagopalan, Gandhigram-624 302, Dindigul District.
: Appellant / Petitioner Vs.
1. The Deputy Commissioner of Labour / Appropriate Authority under Tamil Nadu Shop and Establishment Act, Dindigul.
2. P.Arumugam : Respondents / Respondents PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to set aside the order passed by this Court in W.P.(MD). No.7688 of 2017, dated 13.02.2018 and allow the Writ Appeal. Prayer in WP(MD). 7688/ 2017 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari calling for the records of the 1st respondent in its Tamil Nadu Shops and Establishment Act Appeal No.6/2014 dated 4.4.2017 and quash the same.
For Appellant : Mr.V.Karthikeyan For R-1 : No Appearance For Respondent No.2 : Mr.Ajay Khose for Mr.A.Rahul
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.] This appeal by the Management of Gandhigramkhadi and Village Industries Public Charitable Trust, is directed against the order, dated 13.02.2018 passed in W.P.(MD).No.7688 of 2017, filed by the appellant / Trust, which has been disposed of based on certain concession / submission made on behalf of the second respondent / workman.
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2. We have heard Mr.V.Karthikeyan, learned counsel appearing for the petitioner and Mr.Ajay Khose, learned counsel for Mr.A.Rahul, learned counsel appearing for the second respondent.
3. On a perusal of the impugned order, dated 13.02.2018, we find that the learned Writ Court did not adjudicate the correctness of the decision taken by the Authority under the Tamil Nadu Shops and Establishments Act, in its order, dated 04.04.2017, impugned in the Writ Petition, but proceeded to record the statement alleged to have been made on behalf of the second respondent / workman agreeing to remit a sum of Rs.16,850/- (Rupees Sixteen Thousand Eight Hundred and Fifty only) to the appellant / Trust and the appellant / Trust would settle the terminal benefits. We find that no such concession was accepted by the appellant / Trust and there is nothing in writing.
4. Therefore, the learned Writ Court was required to decide the correctness of the order passed by the first respondent and cannot dispose of the writ petition in the manner done. Therefore, the impugned order calls for interference.
5. Accordingly, the Writ Appeal is allowed and the order passed in the Writ Petition in W.P.(MD).No.7688 of 2017, dated 13.02.2018, is set aside. The Writ Petition is restored to the file of the learned Single Judge and the matter be listed before the appropriate Bench for hearing during the 2nd week of July 2021 and with a request to the concerned Bench to give an early date for the hearing of the writ petition and the impugned order passed in the Tamil Nadu Shops and Establishment Act was dated 04.04.2017 and the Writ Petition was filed before this Court in the year 2017. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. TO
1. The Deputy Commissioner of Labour / Appropriate Authority under Tamil Nadu Shop and Establishment Act, Dindigul.
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Copy to The Section Officer through Joint Registrar(Judicial) Writ Section Madurai Bench of Madras High Court, Madurai +1 CC to M/s.A.RAHUL, Advocate ( SR-19191[F] dated 11/06/2021 ) +1 CC to M/s.SPL GP ( SR-19222[F] dated 11/06/2021 ) +1 CC to M/s.V.KARTHIKEYAN, Advocate ( SR-19205[F] dated 11/06/2021 ) 10.06.2021 KB(17.06.2021) 3P 6C 3/3