Rameshkumar vs The General Manager
2023 Latest Caselaw 9796 Mad

                                                                            W.A(MD)No.1271 of 2023

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 07.08.2023

                                                             CORAM:

                              THE HONOURABLE MR.JUSTICE S.S.SUNDAR
                                               and
                       THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                                   W.A(MD)No.1271 of 2023

                Rameshkumar                                               ... Appellant/Petitioner

                                                       Vs.


                The General Manager,
                V.L.C.Company,
                Kuzhithurai,
                Kanyakumari District.                                     ... Respondent/Respondent

                Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the
                order made in W.P(MD)No.643 of 2015, dated 31.01.2022.


                                  For Appellant         :Mr.D.Christenson Jugunu
                                  For Respondent         :Mr.K.N.Thambi

                                                               ***



                                                        JUDGMENT

(Judgment of the Court was delivered by S.S.SUNDAR, J.)

Heard Mr.D.Christenson Jugunu, learned counsel for the

appellant and Mr.K.N.Thambi, learned counsel for the respondent.

https://www.mhc.tn.gov.in/judis W.A(MD)No.1271 of 2023

2. This Writ Appeal is directed as against the order made in

W.P(MD)No.643 of 2015, dated 31.01.2022.

3. The appellant, who was employed in the respondent Company

has filed the writ petition in W.P(MD)No.643 of 2015, challenging the order

passed by the Labour Court, Tirunelveli in I.D.No.29 of 2012, dated

12.03.2013 and to direct the respondent Company to reinstate him and pay

arrears of wages from 01.06.2004 to 19.12.2010.

4. When the writ was taken up for hearing, before the learned

Single Judge, the learned counsel appearing for the respondent submitted

that the respondent Company is a defunct company and it has been wound

up and a sum of Rs.20,472/- was alone available and payable to the writ

petitioner at the time of winding up and the same will be paid to him.

5. Based on the said statement, the learned Single Judge, has

disposed of the writ petition directing the respondent to pay the amount

within two weeks. Challenging the same, the appellant/writ petitioner has

filed this writ appeal.

6. However, the learned counsel appearing for the respondent now

states that the respondent is only a private entrepreneur.

https://www.mhc.tn.gov.in/judis W.A(MD)No.1271 of 2023

7. Therefore, in view of the fact admitted before this Court that the

respondent is neither a Company nor there was any winding up, this Court

finds that the order of the learned Single Judge is erroneous and the same

cannot be sustained. As a result, this writ appeal is allowed and the order

of the learned Single Judge, dated 31.01.2022 made in

W.P(MD)No.643 of 2015, is set aside and the matter is remitted back to the

learned Single Judge, to decide the same on merits and in accordance with

law. It is open to the respondent to raise all the objections before the

learned Single Judge. No Costs.

                                                                  [S.S.S.R., J.]    [D.B.C., J.]
                                                                           07.08.2023
                Index          : Yes / No
                NCC           : Yes/No
                pm





https://www.mhc.tn.gov.in/judis
                                          W.A(MD)No.1271 of 2023

                                                 S.S.SUNDAR, J.
                                                            and
                                  D.BHARATHA CHAKRAVARTHY, J.
                                                             pm




                                          W.A(MD)No.1271 of 2023




                                                      07.08.2023





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