Madras High Court
The Management vs The Presiding Officer on 7 August, 2023
W.A.Nos. 2432 & 2434 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.08.2023
CORAM
THE HON'BLE MR.JUSTICE S. VAIDYANATHAN
AND
THE HON'BLE MR.JUSTICE K. RAJASEKAR
W.A. Nos. 2432 & 2434 of 2018
&
C.M.P. Nos. 19591 of 2018
W.A.No. 2432 of 2018
The Management,
S. 1074, Kolathupalayam Primary
Agricultural Co-operative Credit
Society Ltd.,
rep. by its President,
Sevagoundampalayam,
Kolathupalayam Post,
Namakkal Taluk & District. ..Appellant
Vs.
1. The Presiding Officer,
Labour Court, Salem.
2. R. Sadasivam ..Respondents
1\6
https://www.mhc.tn.gov.in/judis
W.A.Nos. 2432 & 2434 of 2018
Prayer: Writ Appeal as against the order dated 28.09.2018 passed in W.P.
Nos. 8063 of 2017.
For Appellant :: Mr.M.S. Palaniswamy
For Respondents :: R1 Court
W.A. No. 2434 of 2018
The Management,
S. 1074, Kolathupalayam Primary
Agricultural Co-operative Credit
Society Ltd.,
rep. by its President,
Sevagoundampalayam,
Kolathupalayam Post,
Namakkal Taluk & District. ..Appellant
Vs.
1. R. Sadasivam
2. The Registrar of Co-operative
Societies,
EVK Road, Kilpauk,
Chennai.
3. The Joint Registrar,
The Co-operative Society,
Namakkal District,
Namakkal.
2\6
https://www.mhc.tn.gov.in/judis
W.A.Nos. 2432 & 2434 of 2018
4. The Deputy Registrar,
O/o. The Deputy Registrar of
Co-op Societies,
Pallapattarai Mariyamman Koil
Street,
Namakkal District. ..Respondents
Prayer: Writ Appeal as against the order dated 28.09.2018 passed in
W.P. No. 32981 of 2017.
For Appellant :: Mr.M.S. Palaniswamy
For Respondents :: Mrs.V.Yamuna Devi
Special Govt. Pleader for R2 to R4
JUDGMENT
(Delivered by S. Vaidyanathan,J.)
The writ appeals have been preferred as against the interim order
dated 28.09.2018 passed by the learned Single Judge in W.P. Nos. 8063 &
32981 of 2017 wherein out of 75% of backwages already ordered by the
Labour Court, the appellant herein was directed to deposit 50% of awarded
backwages within a period of two weeks from that date.
3\6
https://www.mhc.tn.gov.in/judis
W.A.Nos. 2432 & 2434 of 2018
2. When the writ appeals were listed on 25.07.2023, learned
counsel for the appellant submitted that as the employee died, steps have to
be taken to bring his legal heirs on record and the matters were adjourned to
this day. Today, when the writ appeals are taken up, it is submitted by the
learned counsel for the appellant that the deceased employee has two wives,
one of whom died and the legal heirs of the deceased wife and the surviving
wife are litigating for the amount payable to the deceased employee.
3. Admittedly, there is a dispute between the legal heirs of the
deceased employoee with regard to receipt of amount payable to the
deceased employee and the said issue cannot be gone into by this Court at
the Appellate Stage, as it is for the appropriate Civil Forum to decide.
Given the said circumstance, we are of the view that no purpose would be
served in keeping these writ appeals pending till the finality of the lis
between the legal heirs. Moreover, the learned Single Judge, as an interim
measure, had directed the writ petitioner/appellant herein only to deposit
50% of the backwages in order to protect the interest of the legal heirs and
4\6
https://www.mhc.tn.gov.in/judis
W.A.Nos. 2432 & 2434 of 2018
there was no specific direction for disbursement of the amount to any
particular party.
4. Therefore, the writ appeals stand closed. It is needless to
mention here that the release or refund of the amount lying in deposit would
depend upon the outcome of the pending writ petitions. No costs.
Connected C.M.P. is closed.
(S.V.N.J.) (K.R.S.J.)
nv 07.08.2023
To
1. The Registrar of Co-operative
Societies,
EVK Road, Kilpauk,
Chennai.
2. The Joint Registrar,
The Co-operative Society,
Namakkal District,
Namakkal.
3. The Deputy Registrar,
O/o. The Deputy Registrar of
Co-op Societies,
Pallapattarai Mariyamman Koil
Street,
Namakkal District.
5\6
https://www.mhc.tn.gov.in/judis
W.A.Nos. 2432 & 2434 of 2018
S. VAIDYANATHAN,J.
AND
K. RAJASEKAR,J.
nv
W.A. Nos. 2432 & 2434 of 2018
07.08.2023
6\6
https://www.mhc.tn.gov.in/judis
