The Joint Director Of Medical vs M.Chandran
2021 Latest Caselaw 12691 Mad

                                                       W.A.No.692 of 2021
              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                            DATED : 29.06.2021

                                    CORAM

                THE HON'BLE MR.JUSTICE M.M.SUNDRESH
                                 and
                 THE HON'BLE MS.JUSTICE R.N.MANJULA

                            W.A.No.692 of 2021
                         and C.M.P.No.3844 of 2021

1.The Joint Director of Medical
   and Rural Health Services,
 Salem - 1.

2.The Dean,
 Government Mohan Kumaramangalam,
 Medical College Hospital,
                             Salem.                          .. Appellants

                                     Vs

1.M.Chandran

2.The Presiding Officer,
                              Labour Court,Salem.        .. Respondents


        Appeal filed under Clause 15 of Letters Patent against the order
dated 31.08.2020 made in W.M.P.No.1164 of 2018 in W.P.No.976 of
2018.
        For Appellants          :     Mr.D.Ravichander
                                      Government Counsel

        For Respondents         :     Mr.K.M.Ramesh for R1
                                      R2 - Court



Page 1 of 4
                                                       W.A.No.692 of 2021
                             JUDGMENT

(Delivered by M.M.SUNDRESH, J.)

This appeal lies in a narrow compass. On a challenge made to

the award passed in C.P.No.215 of 2013, the learned Single Judge

directed the appellants to deposit a sum of Rs.17,83,113/- in an

interest fetching fixed deposit in the name of the Presiding Officer,

Labour Court, Salem.

2. The learned Government Counsel appearing for the appellants

submitted that the very application is not maintainable and, therefore,

the order requires interference.

3. Learned counsel appearing for the first respondent submitted

that the said issue has been taken note of by the Labour Court and in

any case the merits are not required to be gone into at this stage.

4. The contention on merit cannot be gone into at this stage.

Admittedly, the first respondent has obtained the award in his favour.

In such view of the matter, though we do not find any error in the

order passed by the learned Single Judge, considering the difficulties

W.A.No.692 of 2021 expressed, we are inclined to modify the same by directing the

appellants to pay 50% of the award passed by the Labour Court in

C.P.No.215 of 2013 to the first respondent along with accrued interest

as ordered by it, within a period of eight weeks from the date of

receipt of a copy of this judgment, failing which, the interim stay

granted would stand vacated automatically.

5. With the above direction, the writ appeal stands disposed of.

No costs. Consequently, connected miscellaneous petition is closed.

                                        (M.M.S., J.)    (R.N.M., J.)
                                                29.06.2021
Index:Yes/No
mmi/ssm


To

The Presiding Officer,
Labour Court,Salem.





                  W.A.No.692 of 2021


               M.M.SUNDRESH, J.
                           and
                 R.N.MANJULA,J.

                               mmi




              W.A.No.692 of 2021




                      29.06.2021