United Ntc Staff Union vs Regional Director
2021 Latest Caselaw 1417 Mad

                                                                            C.M.A.No.129 of 2021

                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 21-01-2021

                                                       CORAM

                            THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

                                                CMA No.129 of 2021
                                                        And
                                              CMP Nos.836 and 837 of 2021


                      United NTC Staff Union,
                      Represented by its General Secretary,
                      84, Sadayappa Thevar Street,
                      Ganesapuram,
                      Ramanathapuram,
                      Coimbatore – 641 045.                                    .. Appellant

                                                          vs.

                      1.Regional Director,
                        ESI Corporation,
                        143, Sterling Road,
                        Chennai-600 034.

                      2.National Textile Corporation (TN&P) Ltd.,
                        Represented by its Chairman-cum-Managing
                            Director,
                        64, Somasundaram Mills Road,
                        Coimbatore – 641 009.                                  .. Respondents

                      PRAYER : Civil Miscellaneous Appeal is preferred under Section 82 of the
                      Employees State Insurance Act, 1948 against the judgment and decree dated

                      1/4


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                                                                              C.M.A.No.129 of 2021

                      15.09.2010 on the file of the Employees State Insurance Court (Labour
                      Court), Coimbatore in ESIOP No.4 of 2003 in so far as directing the
                      appellant to approach the Government for exemption.


                                For Appellant               : Mr.Balan Haridas

                                For Respondents-2            : Mr.Haroon Al Rasheed for
                                                               M/s.T.S.Gopalan and Co.



                                                  JUDGMENT

Learned counsel appearing on behalf of the respondent-

Management made a submission that the very same Award dated

15.09.2010 was passed in ESIOP No.4 of 010 and the same was challenged

by the respondent-Management in CMA No.3049 of 2010. The said CMA

was allowed by this Court on 24.09.2019 and the Award was set aside.

2. This being the factum, no further adjudication needs to be

entertained in respect of the Civil Miscellaneous Appeal now filed by the

United NTC Staff Union. Accordingly, Civil Miscellaneous Appeal No.129

of 2021 stands dismissed. However, there shall be no order as to costs. The

connected miscellaneous petitions are also dismissed.

http://www.judis.nic.in C.M.A.No.129 of 2021

21-01-2021 Speaking Order/Non-Speaking Order. Internet : Yes/No.

Index: Yes/No.

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To

1.The Presiding Officer, Labour Court, Coimbatore.

2.Regional Director, ESI Corporation, 143, Sterling Road, Chennai-600 034.

S.M.SUBRAMANIAM, J.

http://www.judis.nic.in C.M.A.No.129 of 2021

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C.M.A.No.129 of 2021

21-01-2021

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