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Madras High CourtWP(MD)/13003/2017

D.Asaithambi, (Died) v. The Presiding Officer

2022-02-10Honourable Mrs Justice S.Srimathy2 pages

W.P.(MD)No.13003 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.13003 of 2017

1. D.Asaithambi (Died)

2. Meenakshi ... Petitioners (P2 is substituted for the deceased sole petitioner vide Court order, dated 08.03.2019 in W.M.P.(MD)No.4229 of 2019) Vs.

1. The Presiding Officer, Labour Court, Tiruchirapalli, Tiruchirapalli District.

2. The Commissioner for Milk Production and Diary Development, Madhavaram, Chennai - 600 051.

3. The Dindigul District Co-operative Milk Producers Union Limited, No.9, East Govidapuram, Dindigul - 1, Represented though its General Manager.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari Mandamus, to call for the records relating to the impugned order of the first respondent passed in I.D.No.2 of 2008 dated 02.12.2016 and quash the same as illegal and consequently, direct the second and third respondents to pay back wages and other monetary benefits to the Petitioner from 30.04.2003 with the interest at the rate of 9% till realization. For Petitioners : M/S.M.SREELA, Advocate for M/S.GEETHA, Advocate For Respondents : Labour Court R1 No appearance for R2 V.O.S.KALAI SELVAM, Advocate for R3 *****

O R D E R

This writ petition is filed challenging the order passed in I.D.No.2 of 2008 dated 02.12.2016 and consequently direct the second https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.13003 of 2017 and third respondents to pay back wages and other monetary benefits to the Petitioner from 30.04.2003 with interest at the rate of 9% till realization.

2. The learned Counsel appearing for the petitioner has circulated a letter stating that the petitioner died on 17.11.2017. The second petitioner is the wife of the deceased first petitioner. The wife / second petitioner has instructed her Counsel to withdraw the writ petition. The Learned Counsel has circulated a letter seeking permission to withdraw the writ petition along with the copy of the letter of her client.

3. Recording this, the Writ Petition is dismissed as withdrawn. No costs.

Sd/- Assistant Registrar(As) // True Copy // / /2022 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 The Presiding Officer, Labour Court, Tiruchirapalli, Tiruchirapalli District.

+1 cc to M/s.D.GEETHA, Advocate, SR.No.5845 Order made in W.P.(MD)No.13003 of 2017 10.02.2022 SA (22.02.2022) 2P 3c https://hcservices.ecourts.gov.in/hcservices/ 2/2