Dhinakuli Tholilalar Sangam vs The State Of Tamil Nadu
2022 Latest Caselaw 10614 Mad

                                                                              W.P. No. 23070 of 2016

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 20.06.2022

                                                     CORAM

                                  THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU

                                             W.P. No. 23070 of 2016
                                                       and
                                        W.M.P. Nos. 19761 and 22875 of 2016


                Dhinakuli Tholilalar Sangam,
                Represented by its President- K.Sampath,
                Thirutani Cooperative Sugar Mill,
                Thiruvalangadu- 631 210.
                Tiruvallur District.                                               … Petitioner

                                                        -vs-



                1. The State of Tamil Nadu,
                   Represented by its Secretary,
                   Labour and Employment Department,
                   Fort St.George,
                   Chennai – 600 009.

                2. The General Manager,
                   Tamilnadu Sugar Corporation,
                   Chennai – 600 035.

                3. The Commissioner of Sugar,
                   No. 600, Anna Salai,
                   Nandanam, Chennai – 600 035.

                4. The Managing Director,
                   Tiruttani Co-operative Sugar Mills Ltd.,
                   Tiruvalangadu – 631 210.
                   Thiruvallur District.                                        ... Respondents

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                                                                                     W.P. No. 23070 of 2016

                Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
                1950, praying to issue a Writ of Mandamus, direction declaring the
                appointment (Labour Category) made as invalid abinitio and void and
                forbearing the Fourth Respondent without considering the Petitioner and also
                execute the order passed by the Tamilnadu Industrial Deputy Inspector of
                Factories, Thiruvallur District (as per the judgment in Case No. 01 of 2009)
                dated 24.01.2011.

                                  For Petitioner           : Mr. S.Ezhil Raj

                                  For Respondents          : Mr. M.R.Gokulakrishnan
                                                             Additional Government Pleader
                                                             (for R1 to R3)

                                                            Mr.Bala Ramesh (for R4)


                                                       ORDER

Heard Mr. S.Ezhil Raj, Learned Counsel for the Petitioner,

Mr. M.R.Gokulakrishnan, Learned Additional Government Pleader appearing

for the First to Third Respondents and Mr. Bala Ramesh, Learned Counsel for

the Fourth Respondent and perused the materials placed on record, apart from

the pleadings of the parties.

2. When it is pointed out that the Petitioner has an effective alternative

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W.P. No. 23070 of 2016

remedy to raise an industrial dispute under Section 2-A of the Industrial

Disputes Act, 1947, before the jurisdictional Labour Court, Learned Counsel

for the Petitioner seeks permission of the Court to withdraw this Writ Petition

with liberty to proceed with the said procedure and he has also made an

endorsement to that effect in the court record. It is made clear that for the

purpose of reckoning limitation for availing the aforesaid remedy, the period

from the date of filing of the Writ Petition, viz., 27.06.2016, till the date on

which the certified copy of this order is made ready by the Registry, shall be

excluded.

3. In fine, the Writ Petition is dismissed as withdrawn granting such liberty.

Consequently, the connected Miscellaneous Petitions are closed. No costs.

20.06.2022 gd

Index: Yes/No

Note: Issue order copy by 23.06.2022.

To

1. The State of Tamil Nadu, Represented by its Secretary, Labour and Employment Department, Fort St.George, Chennai – 600 009.

https://www.mhc.tn.gov.in/judis

W.P. No. 23070 of 2016

2. The General Manager, Tamilnadu Sugar Corporation, Chennai – 600 035.

3. The Commissioner of Sugar, No. 600, Anna Salai, Nandanam, Chennai – 600 035.

4. The Managing Director, Tiruttani Co-operative Sugar Mills Ltd., Tiruvalangadu – 631 210.

Thiruvallur District.

https://www.mhc.tn.gov.in/judis

W.P. No. 23070 of 2016

P.D. AUDIKESAVALU, J.

gd

W.P. No. 23070 of 2016

20.06.2022

https://www.mhc.tn.gov.in/judis